Reflection on R v Kennedy - Case Commentary

CRIME AND LAW - CASE
COMMENTARY

INTRODUCTION
This is an reflection that is based upon the case of R v Kennedy and in this Court of
appeal has given the judgement. This an criminal case in which Simon Kennedy lived in hostel
along with Macro Bosque and Andrew Cody. Bosqued died due to asphyxia. Now an self
analysis has to be done over the judgement of the case.
MAIN BODY
Reflection on R v Kennedy
As per my analysis the facts of the case says that Simon Kennedy lives in hostel with
Macro Boaque and Adrew Cody. 10th of September 1996 Kennedy has reached there room in
within which they are drinking alcohol. Kennedy was a known heroin drug supplier to Bosque
and prepered a dose for him. He want the does only to get sleep in night. All this happened and
Kennedy left the room. In some time Bosque was falling short of breathing seeing this
ambulance was called for taking him to hospital. On the way to hospital he died and then it come
out that cause of his death was asphyxia. This is caused due to some unappropriated content in
stomach which is related to intoxication caused duet to alcohol or any kind of drug. The result of
this was that Kennedy got arrested and tried for manslaughter and supplying class a drug and was
sentence for imprisonment of five years. In this an appeal was made to court of England and
Wales that got rejected on 31st July 1998 (Galand, 2020). In this I have observed that Court of
Appeal Criminal Division has held Kennedy guilty of manslaughter that is an unlawful killing
which does not involve malice though intention in this is serious harm, kill, extreme, reckless
disregard for life. Further in detail I have understood that malice is absent in it and manslaughter
involves less moral blame for first or second decree of murder. It has been understood by me
that though its a crime but punishment for it is still less then murder. Also I have learned that
there are two types of manslaughter that is voluntary and involuntary. In voluntary manslaughter
there is an term that is used which is "heat of passion". My understanding about voluntary
manslaughter has made me analysed that in this two things has to be presented that is strong
provocation and kills in the heat of passion through provocation. I have learned that in
involuntary man slaughter it is refer as unintentional homicide from criminally negligent or
reckless conduct. In this an unintentional killing through commission of a crime other than a
felony. In my understanding about the case It can be observed that in the case manslaughter is