The defendant was accused of murder. She had been found to be under a disability under the Act, but wanted to put forward a defence of provocation. Under Antoine, it was clear that matters of mens rea under the Act were not for the jury. The suggestion of provocation was one which was as to the effect of another’s behaviour on the defendant’s state of mind. The disability under the Act also went to the defendant’s state of mind, and the two were not consistent. Having established that she suffered a mental disability, the defence of provocation was no longer available.
Judges:
Lord Justice Rose, Mr Justice Richards, And, Mr Justice Pitchford
Citations:
Times 10-Dec-2001, Gazette 17-Jan-2002, [2001] EWCA Crim 2644
Links:
Statutes:
Criminal Procedure (Insanity) Act 1964 4A, Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
Citing:
Applied – 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: 05 June 2022; Ref: scu.166927
