The Plaintiff had stabbed his wife to death when under the illusion, induced by a reaction to an anti-depressant drug, that she had just committed an act of infidelity. At his trial, a plea to guilty of manslaughter by reason of diminished responsibility was accepted. A hospital order was made and the trial judge expressed the view that ‘there was no responsibility left at all’.
Held: The forfeiture rule was not applied. The court made a comprehensive review of the authorities and asked: ‘Was Mr H guilty of deliberate, intentional and unlawful violence or threats of violence?’ He answered the question in the negative holding that the offender was ‘not responsible for his acts which were not deliberate or intentional.’ In those ‘highly unusual circumstances’ the Judge held that, on the Gray-v- Barr test, the forfeiture rule had no application.
Judges:
Peter Gibson J
Citations:
[1991] FLR 441
Jurisdiction:
England and Wales
Citing:
Cited – Davitt v Titcumb ChD 1989
The defendant bought a house in joint names with the deceased, but was subsequently convicted of her murder. The house was purchased with the assistance of an endowment life policy in their joint names. Whilst he was imprisoned, the policy was used . .
Cited – Gray v Barr ChD 1970
The defendant had used a shotgun to threaten a man and the gun had accidentally gone off and killed him. The issue was whether the defendant could recover in respect of his liability under a policy of insurance. .
Held: The rule of public . .
Cited by:
Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
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 . .
Lists of cited by and citing cases may be incomplete.
Equity, Trusts
Updated: 21 July 2022; Ref: scu.185185