LAW

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Kembaraxtra-Case Law- R v Dalby (1982)
Area of Law: Unlawful Act Manslaughter
Citation: R v Dalby (1982)
Facts:
  • D supplied Diconal tablets (a controlled drug) to V.
  • V self-administered the drug intravenously.
  • V subsequently died.
Issue:
  • Whether D's act of supplying the drug constituted an unlawful and dangerous act that caused V's death, thus establishing unlawful act manslaughter.
Holding:
  • D was not guilty of unlawful act manslaughter.
Reasoning (Per Walter LJ):
  • No Direct Harm: Supplying a scheduled drug is not an act that directly causes harm. The victim's act of self-administration is an intervening act.
  • Act Directed at Victim & Immediate Injury: To establish unlawful act manslaughter, where the charge is based on an unlawful and dangerous act, the act:
    • Must be directed at the victim; AND
    • Must be likely to cause immediate injury (however slight).
Key Takeaways/Principles:
  • This case emphasizes the need for a direct causal link between the unlawful act and the victim's death in unlawful act manslaughter.
  • The unlawful act must be directed at the victim, not merely an act that enables the victim to harm themselves.
  • The act must be one that carries a risk of immediate injury to the victim.
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