R v Field [2021]

R v Field [2021]

1. Facts:

• The defendant (D) encouraged the victim (V) to drink alcohol, pretending to be in a caring relationship.

• V died from alcohol toxicity.

2. Outcome:

• D was convicted of murder.

• The Kennedy defence, which argues that the victim's actions were free, voluntary, and informed, failed in this case.

3. Impact and Analysis:

• Kennedy Defence Limitation: The ruling emphasised the limitations of the Kennedy defence, especially in cases where the victim's actions were not considered entirely free, voluntary, and informed.

• Responsibility in Influence: Established that defendants who encourage or facilitate harmful actions under false pretences can be held criminally liable for the outcomes.

• Legal Precedent: This case reinforces the idea that deception and manipulation can vitiate the voluntariness of a victim's actions, leading to harsher criminal responsibility for the defendant.