Where, on a charge of murder, a defendant asserted his unfitness to plead, it was not possible at the hearing into that suggestion and at the same time, to attempt to decide on a plea of diminished responsibility. If there were other factual disputes as to the events these needed to be investigated at a … Continue reading Regina v Antoine: CACD 29 Apr 1999
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996
The defendant was convicted of murder. He claimed diminished responsibility arising from a disorder, being either according to one psychiatrist, arising from alcohol dependence syndrome, or according to another, a depressed grief reaction. The substantial issue related to the judge’s directions on the alcohol dependence. The defendant did not suggest he had a craving: his … Continue reading Dietschmann v Regina: CACD 5 Oct 2001
On his trial for murder the defendant produced unchallenged expert evidence that at the time of the offence, his mental responsibility for the killing was substantially impaired by his mental illness. He said that in these circumstances the charge of murder should have been withdrawing leaving only manslaughter available to the jury. Held: The medical … Continue reading Regina v Khan: CACD 27 Jul 2009
Lord Lane set out the directions to be given to a jury on the defence of diminished responsibility: ‘Where a defendant suffers from an abnormality of mind arising from arrested or retarded development or inherent causes or induced by disease or injury and has also taken drink before the killing, the abnormality of mind and … Continue reading Regina v Gittens: CACD 1984
The defendant appealed against his conviction for murder, saying that the judge should have directed the jury as to the impact of alcohol dependency syndrome on his plea of diminished responsibility where there had been no discernible brain damage. Held: The appeal succeeded, and an order for a retrial was made. The court had applied … Continue reading Stewart, Regina v: CACD 26 Mar 2009
The court was asked: ‘Whether, for a craving for drink or drugs in itself to produce an abnormality of mind within the meaning of S. 2(1) of the Homicide Act 1957, the craving must be such as to render the accused’s use of drink or drugs involuntary or whether it is sufficient for the defence … Continue reading Tandy, Regina v: CACD 21 Dec 1987
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
The issue of alcoholism in a murder case may be dealt with solely under diminished responsibility. A craving for alcohol would only give rise to an abnormality of mind for the purpose of section 2(1) of the Homicide Act if it was such that the . .