[2005] EWCA Crim 70 [2005] EWCA Crim 70

In a trial for murder the psychiatric evidence had been adequately summed up and the jury had been perfectly entitled to conclude that the issue of diminished responsibility did not arise.

A defence of diminished responsibility would not succeed where there was no medical evidence supporting the conclusion that the appellant’s responsibility was substantially impaired at the time of a killing.

Evidence of mental illness of a defendant had not emerged at his trial for murder because the nature of the illness made him suspicious, meaning he concealed his symptoms. This could now be admitted as new evidence to the Court of Appeal in order to support the defendant’s plea of manslaughter, as opposed to murder, by reason of diminished responsibility.