ABNORMALITY OF MIND

Fresh evidence presented by a man of previous good character, who for no apparent reason killed his cousin with whom he had a close platonic relationship, raised a credible defence of diminished responsibility based on borderline personality disorder and alcohol- and drug-induced psychosis that should have been raised at trial. The case was remitted to the Court of Appeal.

[2012] UKPC 15

A conviction for murder was unsafe where the judge, wrongly directing the jury on the issue of an intoxicated offender raising the defence of diminished responsibility, had departed from the authority of Dietschmann (2003) UKHL 10, (2003) Crim LR 550.

[2006] EWCA Crim 819

Fresh evidence to establish that the offender had a viable defence of diminished responsibility at trial was not admissible as the criteria under the Criminal Appeal Act 1968 s.23(2) had not been satisfied; in particular there was no reasonable explanation for failing to adduce the evidence at the trial.

[2005] EWCA Crim 1881

The defendant’s appeal against her conviction for murder failed as the substance of the material on which fresh medical evidence was based was known at trial and the defendant had a full opportunity to put forward her defence at trial.

[2003] EWCA Crim 2750

Relief from forfeiture under the Forfeiture Act 1982 was not granted to a beneficiary who had been convicted of the manslaughter of the deceased where, having regard to the conduct of the claimant and all other material circumstances, the justice of the case did not require it.

[2003] EWHC 796 (Ch)

Public interest required a retrial where there was the serious offence of murder, even though there had been a substantial lapse of time since the offence: it was still possible for the retrial to be fair.

[2003] EWCA Crim 1257

Even if a defendant would not have killed if he had not taken drink, a defence of diminished responsibility could be available to him if he could satisfy the jury that, despite the drink, a mental abnormality substantially impaired his mental responsibility for his fatal acts.

[2003] UKHL 10

In light of fresh evidence, which indicated that the defendant was suffering from a severe personality disorder amounting to an abnormality of the mind at the time of the offence, the conviction for murder was unsafe, and a verdict of manslaughter due to diminished responsibility, would be substituted.

[2003] EWCA Crim 284

Unsuccessful appeal against convictions which arose from the appellant setting fire to his family home; fresh psychiatric evidence with which the defence sought to establish diminished responsibility and undermine intent in general was not accepted.