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
Summary
M was convicted of murder and sentenced to life imprisonment with a minimum term of 14 years and 5 months.
M now submitted that he had been unfit to plead: the appeal on that ground was dismissed.
The defence of diminished responsibility was not run at trial, although there was now strong medical evidence that M suffered from such abnormality of mind as substantially impaired his mental responsibility for his acts in killing the victim. The decision not to run the defence was based on unwillingness to disclose health problems, rather than tactical reasons connected with the trial, and it was in the interests of justice to admit the medical evidence now. R v Ahluwalia [1993] 96 Cr App R 133, R v Latus [2006] EWCA Crim 3187B, R v Neaven [2006] EWCA Crim 955B considered.
The conviction for murder was quashed and substituted with a conviction for manslaughter on the ground of diminished responsibility and restricted hospital order.