Open justice | Let us know if you have a tribunal decision you would like to publish (see Re A)
Email updates | CPD scheme – now fully up to date!

Online forum | Latest topic on forum: Clock stopping post-s136 | News

Category

Category:Diminished responsibility cases


The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/Cases. The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* Criminal appeal R v Cobley [2021] EWCA Crim 954 — The applicant had been convicted of the murder of her new-born baby. Based on fresh psychiatric evidence, she wanted the conviction quashed and directions for retrial so that she could argue the partial defence of diminished responsibility. 2022‑10‑20 18:06:14 2021 cases, Cases, Diminished responsibility cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 2021 cases


* Appeal against murder conviction R v Hunnisett [2021] EWCA Crim 265 — The appellant wanted a murder conviction and 18-year-tariff life sentence quashed, and substituted with manslaughter on the ground of diminished responsibility and s45A hybrid order (the appropriate prison sentence was not discussed), on the basis of fresh evidence (a prosecution psychiatrist had changed her mind) but the Court of Appeal refused to admit this evidence. 2021‑04‑14 20:40:24 2021 cases, Cases, Diminished responsibility cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 2021 cases


* Diminished responsibility sentencing R v Rodi [2020] EWCA Crim 330 — Unsuccessful appeal against s45A and 10-year sentence, in which the November 2018 sentencing guidelines for diminished responsibility manslaughter were applied. 2020‑03‑16 21:51:46 2020 cases, Cases, Diminished responsibility cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 2020 cases


* Diminished responsibility medical evidence R v Hussain [2019] EWCA Crim 666 — "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." 2019‑05‑10 21:49:38 2019 cases, Cases, Diminished responsibility cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 2019 cases


* Diminished responsibility: schizophrenia and voluntary intoxication R v Joyce and Kay [2017] EWCA Crim 647 — "These two appeals have been heard together because each involves a consideration of the judgments in R v Stewart [2009] EWCA Crim 593, [2009] 2 Cr App R 30 and AG's ref (no 34 of 2014) sub nom R v Jenkin [2014] EWCA Crim 1394, [2014] MHLO 56, [2014] 2 Cr App R (S) 84. Both appellants suffered from schizophrenia and killed whilst under the influence of alcohol and or drugs." 2017‑05‑25 23:27:47 2017 cases, Cases, Diminished responsibility cases, ICLR summary, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Sentence appeal cases, Judgment missing from Bailii, 2017 cases


R v Foye [2013] EWCA Crim 475, [2013] MHLO 40 — The rule in s2(2) Homicide Act 1957 that the burden of establishing diminished responsibility lies on the defendant, on the balance of probabilities, is not incompatible with the presumption of innocence contained in Article 6(2). 2013‑05‑05 13:48:05 2013 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Dowds [2012] EWCA Crim 281, [2012] MHLO 18 — The appellant argued that voluntary acute intoxication (voluntary and uncomplicated by any alcoholism or dependence) is capable of giving rise to the partial defence of diminished responsibility on an indictment for murder under the amended Homicide Act 1957 because it is a 'recognised medical condition'. Held: (1) the presence of a 'recognised medical condition' is a necessary, but not always a sufficient, condition to raise the issue of diminished responsibility; (2) voluntary acute intoxication, whether from alcohol or other substance, is not capable of founding diminished responsibility. 2012‑03‑05 22:07:10 2012 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Inglis [2010] EWCA Crim 2269 — Appeal allowed and retrial ordered on the basis of fresh evidence which showed that the appellant suffered at the time of the killing from bipolar affective disorder and supported a defence of diminished responsibility. 2011‑01‑23 01:01:42 2010 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Oakley [2010] EWCA Crim 2419 — Sentencing for diminished responsibility manslaughter. 2010‑10‑27 23:30:50 2010 cases, Diminished responsibility cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript


R v Osborne [2010] EWCA Crim 547 — It was neither necessary nor expedient in the interests of justice to admit fresh evidence that the claimant suffered from ADHD: it would not afford any ground for allowing the appeal against conviction on the basis of diminished responsibility. 2010‑03‑26 22:37:11 2010 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


Kim Louise Scarsbrook or Galbraith v Her Majesty's Advocate [2001] ScotHC 45 — Diminished responsibility. 2009‑11‑30 22:57:00 2001 cases, Diminished responsibility cases, Judgment available on Bailii, No summary, Scottish cases, Transcript


R v Evans [2009] EWCA Crim 2243 — Unsuccessful appeal, which had been on the basis that (1) his guilty plea was based on wrong advice, and (2) memories recovered since his plea would have provided a defence based on (a) provocation or (b) diminished responsibility. 2009‑11‑16 22:59:32 2009 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Khan [2009] EWCA Crim 1569 — (1) The judge had been right to refuse to withdraw the charge of murder from the jury at the close of the evidence: to do otherwise he would have to be satisfied that the evidence, both medical and factual, was such that no reasonable jury, properly directed, could conclude that the defendant had failed to prove, on a balance of probabilities, the diminished responsibility defence. (2) Although the medical evidence in favour of diminished responsibility was unchallenged, there was ample factual evidence on which the jury could conclude that it was not satisfied, on a balance of probabilities, that the defence was made out. 2009‑07‑29 22:03:41 2009 cases, Brief summary, Diminished responsibility cases, ICLR summary, Judgment available on Bailii, Transcript


R v Erskine; R v Williams [2009] EWCA Crim 1425 — The appellants argued that, although they had not advanced the defence at trial, their convictions for murder should be quashed and substituted with diminished responsibility manslaughter. (1) The question in each case was whether, in examining the mental state at the time of the killing in accordance with s2 Homicide Act 1957, evidence which was not adduced at trial should be received under s23 Criminal Appeal Act 1968. (2) The question was a simple one and citation of numerous, merely illustrative, authorities was unhelpful. (3) In Erskine there was overwhelming contemporaneous evidence for diminished responsibility, and that his decision not to advance the defence was irremediably flawed because of his illness: appeal allowed and restricted hospital order imposed. (4) In Williams, the decision not to advance the defence was tactical, and the subsequent medical evidence unconvincing: appeal dismissed. 2009‑07‑20 21:04:24 2009 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Holderness [2009] EWCA Crim 1326 — The appellant argued that, due to a mental illness which she had previously concealed, she ought to have been convicted of diminished responsibility manslaughter rather than murder. This argument was rejected as (1) her appeal depended on her credibility, which had been damaged by her series of lies; (2) her excuse for concealment even up to trial - that she hoped to be let go by appearing well - was not credible; (3) she had ample opportunity to observe other patients' illnesses; (4) it was not probable that she could have concealed the delusions from the psychiatrist who saw her on the day of arrest. No jury might reasonably have found, on the balance of probabilities, that the s2 Homicide Act 1957 criteria were met. Appeal dismissed. 2009‑07‑09 21:15:15 2009 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Dietschmann [2003] UKHL 10 — Effect of alcohol on diminished responsibility. 2009‑04‑11 14:55:43 2003 cases, Diminished responsibility cases, Judgment available on Bailii, No summary, Transcript


R v Tandy [1987] EWCA Crim 5 — Point of law: whether, for a craving for drink or drugs in itself to produce an abnormality of mind within the meaning of s2(1) of the Homicide Act 1957, the craving must be such as to render the accused's use of drink or drugs involuntary or whether it is sufficient for the defence to prove that the craving was such as to make it more difficult, than for an ordinary individual, for the accused to resist the impulse to consume alcohol or use drugs? 2009‑04‑10 22:29:19 1987 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Wood (No 2) [2009] EWCA Crim 651 — The fact that a defendant was convicted of manslaughter on the grounds of diminished responsibility did not preclude a sentence of imprisonment for life. In assessing the seriousness of such an offence with a view to fixing a minimum term, the court could take into account the guidance in Sch 21 of the Criminal Justice Act 2003, subject to the specific element of reduced culpability consequent on diminished responsibility. [ICLR] 2009‑04‑05 10:35:31 2009 cases, Detailed summary, Diminished responsibility cases, ICLR summary, Judgment available on Bailii, Transcript


R v Wood (No 1) [2008] EWCA Crim 1305 — In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome. [ICLR] 2009‑04‑05 10:35:22 2008 cases, Detailed summary, Diminished responsibility cases, ICLR summary, Judgment available on Bailii, Transcript


R v Stewart [2009] EWCA Crim 593 — Guidance on directions to the jury where the defence case was diminished responsibility based on alcohol dependency syndrome. 2009‑03‑26 20:46:52 2009 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Hendy [2006] EWCA Crim 819 — The conviction for murder was quashed and replaced with diminished responsibility manslaughter because the judge's direction on the effect of alcohol (which reflected the law as then erroneously understood) was wrong in light of a later House of Lords case; obiter, fresh medical evidence relating to the diagnosis of personality disorder might reasonably have affected the decision of the jury. A retrial was not appropriate as tariff had been served; a restricted hospital order would be substituted for the life sentence. 2009‑01‑17 14:01:42 2006 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Sentence appeal cases, Transcript


R v Moyle [2008] EWCA Crim 3059 — Conviction for murder quashed and substituted with a conviction for manslaughter on the ground of diminished responsibility and restricted hospital order 2008‑12‑21 15:57:35 2008 cases, Brief summary, Diminished responsibility cases, Judgment available on Bailii, Transcript


R v Diamond [2008] EWCA Crim 923 — Criminal appeal - diminished responsibility. 2008‑09‑13 07:52:28 2008 cases, Diminished responsibility cases, Judgment available on Bailii, No summary, Transcript


Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=Category:Diminished_responsibility_cases&oldid=36212"