R v Hendy (2006) EWCA Crim 819: Difference between revisions
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''The conviction for murder was quashed and replaced with diminished responsibility manslaughter because the judge's direction on the effect of alcohol reflected the law as then | ''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.'' | ||
==Note== | ==Note== | ||
The House of Lords case referred to is [[R v Dietschmann (2003) UKHL 10]]. | The House of Lords case referred to is [[R v Dietschmann (2003) UKHL 10]]<ref>[http://www.bailii.org/uk/cases/UKHL/2003/10.html R v Dietchmann on Bailii]</ref> | ||
==Other== | ==Other== | ||
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[http://www.bailii.org/ew/cases/EWCA/Crim/2006/819.html This case on Bailii] | [http://www.bailii.org/ew/cases/EWCA/Crim/2006/819.html This case on Bailii] | ||
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Revision as of 21:13, 19 January 2009
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.
Note
The House of Lords case referred to is R v Dietschmann [2003] UKHL 10[1]
Other
Hearing date: 23 March 2006
Before: Gage LJ, Forbes J, Dame Heather Steel
Ian Pringle QC and Christopher Quinlan for the Crown
Peter Thornton QC and Paul Taylor for Hendy