The court considered the defence of diminished responsibility to a charge of murder.
Held: Lord Rodger of Earlsferry: ‘It is, of course, impossible to attempt to describe the ambit of the doctrine of diminished responsibility without even attempting to describe the operation of the doctrine itself. A common theme in the cases where judges have left the issue to the jury is that they involve some abnormality of the accused’s mind. While philosophers continue to debate the timeless questions – about the nature of the relationship between mind and body and about the extent to which individuals have control over their actions – our law proceeds on the basis that an adult person of sound mind has sufficient control over his acts, and over his omissions to act, as to be responsible for them in law. Criminal acts and omissions are punished accordingly.’ The court saw nothing unjust in attributing the same responsibility for the purposes of the civil law as was attributed for the purposes of the criminal law. One had to assume that the individual was a reasonably well-informed and reasonably responsible member of the public.
Judges:
Lord Bonomy and Lord Penrose and Lord Nimmo Smith and Lady Cosgrove and Lord Justice General
Citations:
[2001] ScotHC 45, 2002 JC 1, 2001 SCCR 551, 2001 GWD 25-924, 2001 SLT 953
Links:
Jurisdiction:
Scotland
Citing:
See Also – Scarsbrook Or Galbraith v Her Majesty’s Advocate HCJ 7-Jun-2001
. .
See Also – Scarsbrook or Galbraith v Her Majesty’s Advocate HCJ 7-Sep-2000
The purpose of orders under the section is to deal with reports of proceedings which are fair and accurate, but which should nonetheless be postponed, not with other material the publication of which might constitute a contempt of Court. . .
Cited by:
Cited – Golds, Regina v SC 30-Nov-2016
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 26 August 2022; Ref: scu.170581