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Drilldown: Cases

Not many cases (261 of them) have been added to the database so far. To see the full list of cases (2087) go to the Mental health case law page.

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Cases > Subject : Criminal law capacity cases or Diminished responsibility cases or Disability discrimination

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Showing below up to 5 results in range #1 to #5.

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Page name Sentence Summary
R (Hall) v SSJ (2018) EWHC 1905 (Admin)

Autism in prison

Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.

R v C (2008) EWCA Crim 1155

Capacity to consent to sexual activity

If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]

R v C (2009) UKHL 42

Sexual consent

For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.

R v Hussain (2019) EWCA Crim 666

Diminished responsibility medical evidence

"The single judge has referred the application for leave to appeal against conviction [for murder] and the extension of time application to the full court. The application for leave to appeal raises again the issue of what a trial judge should do when the sole issue to be determined at trial is the partial defence of diminished responsibility provided by section 2 of the Homicide Act 1957 (as amended) and there is unanimity amongst the psychiatric experts as to the mental health of the killer at the time of the killing."

R v Rodi (2020) EWCA Crim 330

Diminished responsibility sentencing

Unsuccessful appeal against s45A and 10-year sentence, in which the November 2018 sentencing guidelines for diminished responsibility manslaughter were applied.

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