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 reflected the law as then (erroneously) understood but 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.
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