It would not be appropriate except in exceptional circumstances ‘which would make the evidence especially probative’ to take into account, when deciding whether excessive force was used in self-defence, that the defendant was suffering from a psychiatric condition.
Lord Woolf CJ, Wright and Grigson JJ
[2001] EWCA Crim 2245, [2003] QB 1
Bailii
England and Wales
Cited by:
Cited – SO v The Crown CACD 11-Oct-2013
The defendant suffered from a psychiatric condition that caused him to believe in a state of affairs which did not exist.
Held: ‘an insane person cannot set the standards of reasonableness as to the degree of force used by reference to his own . .
Cited – Press and Another v Regina CACD 24-Oct-2013
Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to . .
Approved – Regina v Canns CACD 2005
The appellant, while in a secure hospital ward, had killed a male nurse. He was undoubtedly mentally disturbed at the time, suffering chronic paranoid schizophrenia. He was convicted of manslaughter by reason of diminished responsibility. His . .
Cited – McCool, Regina v SC 2-May-2018
The appellants complained that the recovery order made against them in part under the transitional provisions were unlawful. They had claimed benefits as single people but were married to each other and for a house not occupied. The difficulty was . .
These lists may be incomplete.
Updated: 19 July 2021; Ref: scu.167037