Henry, Regina v: CACD 29 Jun 2005

The defendant appealed his conviction for soliciting to murder and conspiracy to murder. An expert’s opinion now described him as of low intelligence and vulnerable to the sort of pressure of which he complained.
Held: The expert evidence had correctly been exluded: ‘An intention that someone should be killed is a visceral matter of no great complexity. In our judgment, it is not a matter which, on the authorities, lends itself to expert evidence in relation to a person such as this appellant. ‘


[2005] EWCA Crim 1681




England and Wales


CitedRegina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
CitedRegina v Silcot, Raghip and others CACD 9-Dec-1991
There can be an increased readiness of the courts to accept expert evidence as to the defendant’s mental capacity where the issue is as to the admissibility of a confession statement. . .
CitedRegina v Coles CACD 1995
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell.
Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of . .
CitedRegina vMasih CACD 27-Jan-1986
The court considered the circumstances when expert evidence might be admissible as to the defendant’s ability or inability to form the mens rea: ‘Generally speaking, if a defendant is mentally defective, or otherwise comes in the last class, ’69 and . .
CitedLowery v The Queen PC 1974
(Victoria) A young girl was sadistically murdered. The two accused, were present and the crime was committed by one or the other, or both. Each brought evidence of the unlikelihood that he could have committed the murder. L emphasised his good . .
CitedRegina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
CitedRegina v Toner CACD 1991
The defendant sought to have admitted expert evidence on the possible effect of hypoglycaemia on the formation of an intention: ‘. . we do not know what, if any, effect mild hypoglycaemia can have upon a man’s ability to form an intent, and without . .
Lists of cited by and citing cases may be incomplete.


Updated: 01 July 2022; Ref: scu.227972