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 separate hearing, and the question here was equally not the same as whether there was diminished responsibility. Questions as to mens rea were not in issue. A question was certified for the House of Lords.
Citations:
Times 10-May-1999, Gazette 26-May-1999, Times 04-Apr-2000, Gazette 05-May-2000
Statutes:
Criminal Appeal Act 1968, Homicide Act 1957 2(1)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 October 2022; Ref: scu.135846
