189 Sentences With "diminished responsibility"

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On September 2, Sabina pleaded guilty to manslaughter with diminished responsibility.
We are right to blame them, but shared responsibility is not diminished responsibility.
The jury accepted this, and Palmer was found guilty of manslaughter by diminished responsibility.
Cambridge-educated Rurik Jutting, 31, pleaded not guilty to murder on grounds of "diminished responsibility".
Expert witnesses at her trial pointed to evidence of borderline personality disorder to argue for diminished responsibility.
"Alternatively there is always the possibility that new evidence, perhaps new medical evidence that would put his diminished responsibility defence beyond doubt has surfaced," he said, adding that the defense team may also rely on subsequent decisions by higher courts on diminished responsibility and other points of law.
He is claiming diminished responsibility, meaning he was not in his right mind when he committed the acts.
That could involve arguments such as, for example, that he had diminished responsibility due to a medical condition.
However, he argued that manslaughter and diminished responsibility applied because he was not able to make rational decisions.
Jutting has pleaded not guilty to murder on grounds of "diminished responsibility", but guilty to the lesser charge of manslaughter.
Coombes, now 63, was arrested and pleaded guilty to manslaughter by reason of diminished responsibility, preventing a lawful burial, and fraud.
Jutting, 31, pleaded guilty to manslaughter on the grounds of "diminished responsibility" at the start of his trial in Hong Kong.
But he has pleaded not guilty to murder on grounds of diminished responsibility, while pleading guilty to the lesser crime of manslaughter.
This diagnosis, along with that of EUPD, gives her legal team the opportunity to argue a partial medical defense of diminished responsibility.
But he has pleaded not guilty to murder on grounds of "diminished responsibility", while pleading guilty to the lesser crime of manslaughter.
Coombes pleaded not guilty to murdering her father but "guilty to the lesser charge of manslaughter by reason of diminished responsibility" on Wednesday.
The verdict hinged on the issue of "diminished responsibility," whether his mental state at the time of the killings substantially impaired his responsibility.
Mr. Bulhan pleaded guilty to manslaughter by reason of diminished responsibility and five counts of wounding with intent to cause grievous bodily harm.
The verdict hinged solely on the issue of "diminished responsibility," whether his mental state at the time of the killings substantially impaired his responsibility.
But the former investment banker pleaded not guilty to murder on grounds of diminished responsibility, while pleading guilty to the lesser crime of manslaughter.
McCoy said under law the test for diminished responsibility should be whether Jutting had "abnormal mental functioning" as a result of his mental problems.
He claimed diminished responsibility, meaning he had not been in his right mind at the time, and instead pleaded guilty to two counts of manslaughter.
Mr. Jutting had pleaded guilty to a lesser charge of manslaughter on the grounds of "diminished responsibility," according to reports in the local news media.
His barrister, Gerard McCoy SC, said under law the test for diminished responsibility should be whether Jutting had "abnormal mental functioning" as a result of his mental problems.
Jutting, 31, a former Bank of America Corp employee, has denied murder in the 2014 killings of Sumarti Ningsih, 23, and Seneng Mujiasih, 26, on the grounds of diminished responsibility.
At the time, Judge Michael Stuart-Moore said Jutting -- who claimed diminished responsibility on the grounds of psychological problems -- plumbed "the very depths of depravity" in the treatment of his victims.
Jutting has pleaded not guilty to murdering two Indonesian women in his Hong Kong apartment in 2014 on grounds of diminished responsibility due to alcohol and drug abuse and sexual disorders.
Jutting, 31, has pleaded not guilty to murdering Sumarti Ningsih, 23, and Seneng Mujiasih 26, two years ago on grounds of "diminished responsibility", but guilty to the lesser charge of manslaughter.
In his final assessment, Latham said Jutting's ability to control had been "impaired" but would not say whether or not the former banker was not guilty of murder due to diminished responsibility.
Bulhan had been due to go on trial accused of murder and attempted murder, but prosecutors accepted his admission of manslaughter and wounding with intent to cause grievous bodily harm on the grounds of diminished responsibility.
Rurik Jutting, 31, a former Bank of America employee, had denied murdering Sumarti Ningsih, 23, and Seneng Mujiasih, 26, in 2014 on the grounds of diminished responsibility due to alcohol and drug abuse and sexual disorders.
Ship crashes into 'pristine' coral reef Rising temperatures, diminished responsibility Coral bleaching happens when an increase in sea temperatures causes the expulsion of algae that grow inside coral, turning the reefs white and eliminating their main energy source.
The former Bank of America employee denied murdering the pair on the grounds of diminished responsibility due to drug and alcohol abuse as well as sadistic sexual and personality disorders, pleading guilty to a lesser charge of manslaughter.
Jutting, a former Bank of America Corp employee, has pleaded not guilty to the 2014 murders but guilty of the lesser charge of manslaughter due to "diminished responsibility", citing his heavy drug and alcohol abuse and sexual disorders.
Jutting, a former Bank of America Employee who is in his early thirties, denied murdering Sumarti Ningsih, 23, and Seneng Mujiasih, 26, in 2014 on the grounds of diminished responsibility due to alcohol and drug abuse and sexual disorders.
A three-judge panel at the Court of Final Appeal did not grant Jutting leave for appeal, rejecting his laywer's argument that the trial judge had misdirected the jury over the defense of diminished responsibility, public broadcaster RTHK reported.
Rurik Jutting, who is in his early 30s, a former Bank of America employee, had denied murdering Sumarti Ningsih, 23, and Seneng Mujiasih, 26, in 2014 on grounds of diminished responsibility due to alcohol and drug abuse and sexual disorders.
Rurik Jutting, 32, a former Bank of America employee, had denied murdering Sumarti Ningsih, 23, and Seneng Mujiasih, 26, in his luxury apartment in 2014 on the grounds of diminished responsibility due to alcohol and drug abuse and sexual disorders.
Jutting, 31, a former Bank of America Corp employee, has denied murder in the 2014 killings on grounds of diminished responsibility, but pleaded guilty to the lesser charge of manslaughter in a case that has caught the attention of the world.
That also meant they rejected Jutting's defence of diminished responsibility, in which he argued that he was suffering from an abnormality of mind, induced by mental diseases such as alcohol and cocaine use disorders, that substantially impaired his control at the time of the killings.
Jutting's lawyer Gerard McCoy had appealed for a re-trial, arguing that the deputy judge, Michael Stuart-Moore, had "wrongly directed" the jury by narrowing down the scope of the defense case for diminished responsibility by saying only a psychiatric disorder could constitute an "abnormality of mind".
Although the major facts of the case were agreed by both sides, Jutting had pleaded not guilty to murder, claiming diminished responsibility, saying his psychological issues affected his judgment at the time of the killings The following account is based on court documents and evidence and testimony given to the jury.
Nicola Edgington (born 9 September 1980) is a British woman convicted of manslaughter due to diminished responsibility, attempted murder and murder.
Diminished responsibility or diminished capacity can be employed as a mitigating factor or partial defense to crimes and, in the United States, is applicable to more circumstances than the insanity defense. The Homicide Act 1957 is the statutory basis for the defense of diminished responsibility in England and Wales, whereas in Scotland it is a product of case law. The number of findings of diminished responsibility has been matched by a fall in unfitness to plead and insanity findings (Walker, 1968). A plea of diminished capacity is different from a plea of insanity in that "reason of insanity" is a full defense while "diminished capacity" is merely a plea to a lesser crime.
The actions and behaviour of the three killers were studied by academics in the criminal psychology field, and the rulings set by the courts became local case studies for diminished responsibility.
In 1953 the Report of the Royal Commission on Capital Punishment(1953) Cmd 8932 took the view that mental abnormality which resulted in a diminished responsibility, was relatively common and potentially of importance to a wide range of offences. The Commission therefore asserted that a "radical" amendment to the existing law would not be justified for the "limited" purpose of enabling the courts to avoid imposing the death sentence. Parliament was not impressed and section 2 of the Act now provides that diminished responsibility is available as a defence where the accused was, at the time of the offence, suffering from an "abnormality of the mind" which substantially impaired his mental responsibility for his acts or omissions resulting in murder. The burden of proof is on the accused to show that she/he was suffering from diminished responsibility.
Dr. Katharina Dalton who examined Smith before the trial diagnosed her with severe PMS. This diagnosis was accepted as a cause of diminished responsibility. Smith was sentenced to three years probation despite previous convictions for violent behavior.
The judgement was given on 21 May 2012. Miķelsons was sentenced to 18 years imprisonment, followed by involuntary commitment, while Van Olffen was sentenced to 6 years imprisonment. The search of the house of the defendants (in which the photographic evidence was seized) was deemed admissible and the judges considered the psychiatric evaluation in which Miķelsons was diminished responsibility asserted (a requirement for involuntary commitment) reliable. The diminished responsibility nor his cooperation during the investigation did not result in a lower sentence, due to the nature and level of organization of his crimes.
At the Old Bailey in March 1972, McKenzie was found guilty on three counts of manslaughter on the grounds of diminished responsibility. He was detained at Broadmoor. McKenzie was 24 years old at the time of the sentence.
The Act created two partial defences—diminished responsibility and suicide pact—to murder which, if satisfied, reduce a charge of murder to a charge of manslaughter. It also changed the law of another partial defence to murder provocation.
Diplomat admits killing LGBT campaigner, BBC News, 7 August 2018. Retrieved 21 October 2019. His neighbour, Enrique Facelli, a Uruguayan former diplomat, admitted killing him because of a "long-standing" dispute between them, and pleaded guilty to manslaughter by reason of diminished responsibility. Retrieved 21 October 2019.
"Less guilty by reason of adolescence: developmental immaturity, diminished responsibility, and the juvenile death penalty".American Psychologist 58, 1009–1018. and even of children who are chronically neglected or mistreated.Teicher, M. H., Anderson, S. L., Polcari, A., Anderson, C. M., Navalta, C. P., and Kim, D. M. (2003).
For the purchaser of services, service agreements can be an effective way to avoid interacting directly with the regulatory environment (example: drinking water quality standards) for low-capacity communities. In many cases, a diminished responsibility in these matters means municipal government or First Nations staff may focus on other local issues.
Horne concludes that, at the time of the assessment, Erskine had chronic schizophrenia and antisocial personality disorder and that this had probably been the case since March 1980. In July 2009, following an appeal, Erskine's murder convictions were reduced to manslaughter on the grounds of diminished responsibility." 'Strangler' wins murders appeal." BBC.
Alexander Blackman, often referred to as "Marine A", was held at HMP Erlestoke, having been charged with murdering an injured Taliban insurgent in the 2011 Helmand Province incident. He was found guilty in November 2013 and sentenced the following month. This sentence was reduced to manslaughter with diminished responsibility in March 2017.
Defended at trial by John Mathew QC, he pleaded guilty to manslaughter on the grounds of diminished responsibility; this was accepted by the court. After a spell of treatment at a psychiatric hospital in Friern Barnet he was taken back on by The Sun on condition that he be confined to the office.
"leading/badgering the witness", "Assuming facts, not in evidence", etc. to which the judge will either sustain (allow) or overrule. The judge might even ask them to approach the bench or ask the two parties to meet in his chambers for further arguments away from a jury. Many episodes use outlandish defence scenarios such as diminished responsibility (e.g.
Magnotta elected to be tried by judge and jury. He pleaded not guilty, admitting to the acts of which he was accused but claiming diminished responsibility due to mental disorders. Crown Attorney Louis Bouthillier made his opening statement on September 29, 2014. Quebec Superior Court Justice Guy Cournoyer presided over the trial, which lasted 10 weeks.
Acting on a defence of diminished responsibility, they attempted to show that their clients were not sound of mind and could not be held responsible for the killings.Narayanan (1989), 155. Had this defence been successful, the defendants would have escaped the death penalty but be sentenced to either life imprisonment, or up to 10 years in jail.Tan (April 1997).
On 6 August 1996, 54-year-old Ossie Clark was stabbed to death in his council flat, in Kensington and Chelsea, London,Deaths England and Wales 1984–2006 by his former lover, 28-year-old Italian Diego Cogolato. In March 1997, Cogolato was convicted of manslaughter on the grounds of diminished responsibility, and jailed for six years.
Anthony Edward Martin (born 16 December 1944) is a farmer from Norfolk, England, who shot a burglar dead in his home in August 1999. Martin was convicted of murder, later reduced to manslaughter on grounds of diminished responsibility, and served three years in prison, having been denied parole. He has since lived at a secret address.
Following a decree from 1943, foreign members of the Waffen-SS automatically received German nationality. Germany does not extradite its own nationals. Finally, being one of the few surviving war criminals, he was taken to court after all in Germany. Bikker's only chance to evade prosecution and trial was to claim diminished responsibility due to illness.
The Infanticide Acts are several laws. That of 1922 made the killing of an infant child by its mother during the early months of life as a lesser crime than murder. The acts of 1938 and 1939 abolished the earlier act, but introduced the idea that postpartum depression was legally to be regarded as a form of diminished responsibility.
Another notable case in the UK occurred in 1968 in Newcastle upon Tyne, when 10-year-old Mary Bell was convicted of manslaughter due to diminished responsibility in the deaths of toddlers Martin Brown and Brian Howe. She was released in 1980 at the age of 23. In 1998, 8-year-old Madelyn Clifton was killed by 14-year-old Josh Phillips.
Previously Mikhail used to take special medication on a regular basis. However, in prison the access to the necessary medication is limited. The psychiatric assessment conducted by the specialists with the Serbsky Institute initiated by the investigators concluded that he was of diminished responsibility. The experts with the Independent psychiatric association of Russia analyzed the results and deemed them to be dubious.
Additionally, Dr. Chew also said that Sek, in fact, did expressed some degree of remorse over his actions but feeling that it was too late for regrets. In addition, the prosecution also proven that Sek's account of his incident of being strangled at the boys' homes was not true - Sek had in fact fabricated that story to support his defence of diminished responsibility.
The Rzeszowski family homicides occurred on 14 August 2011 in Saint Helier, Jersey in the Channel Islands. Damian Rzeszowski stabbed to death six people including four members of his family. He was found guilty of manslaughter with diminished responsibility and sentenced to 30 years in prison for each victim. He died in a suspected suicide in HMP Full Sutton on 31 March 2018.
Sutcliffe was charged on 5 January. At his trial, he pleaded not guilty to 13 charges of murder, but guilty to manslaughter on the grounds of diminished responsibility. The basis of his defence was that he claimed to be the tool of God's will. Sutcliffe said he had heard voices that ordered him to kill prostitutes while working as a gravedigger.
He was convicted, despite his alleged unreliable confession and a suggestion that he was in Melbourne at the time. The court found diminished responsibility, sentencing him for manslaughter instead of murder. Alleged to have boasted to another prisoner "I love hearing people scream and watching them die," he was released in 2009 after serving his full sentence, refusing to apply for parole.
Msomi was arrested a month later for petty theft. The stolen items turned out to belong to his victims and he was soon identified as the murderous culprit. Msomi readily assisted the police in finding some of his victims' remains, including a missing skull. Whether he gained further satisfaction from revisiting his crime scenes or felt diminished responsibility in light of the tokoloshe's influence is unclear.
The judges also rejected the newly-raised defence of diminished responsibility, questioning why it was not brought up in the original trial or during Iskandar's time of psychiatric remand. They said, “Accused persons should and are expected to put their best case forward at the earliest time possible. Indeed, this court might exercise its discretion to reject such drip-feed applications in the future”.
On 16 November, Rytmann was murdered by her husband by strangulation at their apartment at the École normale supérieure. Her husband was massaging her neck when he crushed her larynx and killed her. The murder was never thoroughly investigated. In January 1981, Althusser was deemed unfit to serve trial under Article 64 of the French penal code, with Althusser claiming "diminished responsibility" due to mental illness.
He was later convicted of the murder of his wife and sentenced to ten years' imprisonment. On appeal against both conviction and sentence, the court held, that there was no merit in the appeal against conviction. At the time of the commission of the offence, however, the appellant had been acting under circumstances of severely diminished responsibility, which were relevant to sentencing.569d, 569h.
On 18 December 2008, Napper was convicted of the manslaughter of Nickell on the grounds of diminished responsibility. He also admitted to four other attacks on women. Napper was sentenced to be incarcerated indefinitely at Broadmoor Hospital for the criminally insane. In his summing up at the Old Bailey, Mr Justice Griffiths Williams said to Napper: "You are on any view a very dangerous man".
Rzeszowski was arrested in hospital after doctors carried out life-saving emergency surgery and held at Broadmoor Hospital in Berkshire. Consultant psychiatrist Dale Harrison interviewed Rzeszowski five days after attacks and heard he could not remember what had happened. After returning from treatment in Broadmoor, he claimed he could hear voices. He denied six murders, however pleaded guilty to manslaughter due to diminished responsibility.
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact.
The trial resumed in February 2015. Throughout the course of the trial, Chau's defense argued on the basis of diminished responsibility due to his mental instability, while the prosecution stressed the meticulous planning of Henry Chau and his multiple confessions. On 9 March 2015, the defense lawyer, Nicholas Adams, called psychiatrist Chung Ka-fai to the stand. Chung diagnosed Chau with bipolar disorder and obsessive-compulsive disorder.
On 15 March 2005, Bryan pleaded guilty at the Old Bailey to two manslaughters on the grounds of diminished responsibility. Judge Giles Forrester said: "You killed on these last two occasions because it gave you a thrill and a feeling of power when you ate flesh." Bryan, who suffers from paranoid schizophrenia and is a self-confessed cannibal, was committed to Broadmoor Hospital for treatment.
These tapes caught the attention of Digby Pearson who later founded Earache Records. A few months into 1987 the band were invited to contribute two tracks to the compilation LP Diminished Responsibility (1987), and the group landed a record contract at Earache Records. Just after the recording the tracks for this compilation LP, the band recruited Pete Giles as their bass player. This line up did not last very long.
Prosecutors claim this pressure contributed to his psychotic stress. Later, the police were criticized for abandonment of his weapons. On May 12, 2008, prosecutors requested 17 years imprisonment for Yuki, whereas his psychiatrist claimed that he had diminished responsibility or was criminally insane. On May 27, 2008, the Tokyo District Court sentenced him to 7 years imprisonment, saying that he was criminally insane when he dismembered her body.
Based on the evidence, the prosecution alleged that Took lured Huang Na to the storeroom, then stripped and sexually assaulted her. After smothering and stomping on her to ensure her death, he stored her body in nine layers of plastic bags stuffed into a sealed cardboard box."A bag of mangoes led Huang Na to her death", TODAY, 12 July 2005. The defence relied on the claim of diminished responsibility.
After listening to what Luke said, Stacey decides to clear Bradley's name and calls the police, telling them that she killed Archie. She is arrested and later sentenced to five years in prison. After realising how much Lily is missing her, she decides to appeal her sentence on grounds of diminished responsibility because of her bipolar disorder and is successful. Stacey returns to Walford, moving in with Kat and Alfie.
Chadwin represented Peter Sutcliffe in 1981. Sutcliffe had admitted killing 13 women and attempting to kill seven others. Four psychiatrists reported on Sutcliffe and diagnosed paranoid schizophrenia, and Sir Michael Havers QC, the Attorney-General, was prepared to accept a plea of guilty to manslaughter on the grounds of diminished responsibility. However, the trial judge, Mr Justice Boreham, refused to accept this plea and so Sutcliffe was tried for murder.
Metropolitan Police Commander, Andy Baker, later stated: "We are completely that some members of the community, or (Yones) friends, tried to assist him in (the) cover-up. It's not about one person committing the murder, it's about the few that acknowledge it and support it and are involved in it". After finally acknowledging that he had killed his daughter, Abdalla Yones tried to claim a defence of diminished responsibility, then provocation.
Mary Allen later married Billy Price, who had been one of her husband's close friends. He adopted Allen's sons Mark and Richard. Mary Allen died in 1980 aged 37. According to medical reports released to the National Archives in the summer of 2017, Gwynne Evans had 'serious psychological problems' which – had his defence team entered a plea of diminished responsibility at his trial – could have led to his escaping being hanged.
There are three types of voluntary manslaughter: that resulting from loss of self- control; that resulting from statutorily defined diminished responsibility; and killing in perseverance of a suicide pact.Simester et al. (2010). p. 380. Loss of control is defined in sections 54 and 55 of the Coroners and Justice Act 2009. Section 56 abolishes the common law defence of provocation, which also dealt only with murder.Simester et al. (2010). p. 396.
One of the Palestinian brothers, Nabulsi, claimed Issa bin Zayed breached his contract and subjected him to torture, emotional distress, and malicious prosecution and demanded $80 million in repatriation. Emirati court found Issa not guilty on the principle of diminished responsibility and instead condemned and sentenced the two brothers for using the video as blackmail and extortion. The court was accused, by international human rights observers, of having failed to deliver justice.
On 4 November 2005, Edgington stabbed her 60-year-old mother, Marion, nine times in Forest Row, East Sussex for which she was convicted of manslaughter due to diminished responsibility (based on diagnoses of schizophrenia and emotionally unstable personality traits) at Lewes Crown Court on 23 October 2006. She was detained indefinitely under the Mental Health Act 1983 and, following treatment and psychiatric evaluation, was released conditionally in September 2009, moving into a Greenwich flat.
D.R. & Quinch is a comic strip about two delinquent alien drop-outs. It was created by Alan Moore and Alan Davis for the British weekly comics anthology 2000 AD. It first appeared in 1983. The strip was the tale of how two alien teenage students Waldo "D.R." (for "Diminished Responsibility") Dobbs, a scheming criminal mastermind, and Ernest Errol Quinch, his muscular purple- skinned companion in crime, have influenced Earth's history in various anarchic ways.
1 Children and Young Peoples Act 1933. What was the motivation, carelessness or malice? There is a defence of diminished responsibility, the offence occurred but was not voluntary or reasonably foreseeable by an impaired or incapacitated defendant. The offence of child cruelty allows a defence of parental incapacity on a wide range of grounds (see sentencing guidance, Overarching Principles: Overarching Principles: Assaults on children Assaults on children and Cruelty to a child).
At 3:45 pm on 18 December, he was charged with murder. On 28 June 1993 at the Old Bailey, he admitted manslaughter on the grounds of diminished responsibility. He was ordered to be detained indefinitely in Rampton, a maximum security hospital in Nottingham. The killing received a great deal of coverage in the British mainstream media, including controversy in regard to the inadequate psychiatric healthcare given to Clunis, a diagnosed paranoid schizophrenic.
Investigators had previously learned that Blackwell's father had been struck on the back of the head while sitting down, which conflicted with Blackwell's claim of self-defence. Afterwards, according to Blackwell, his mother came in, and he attacked her. The double-murder charge was dropped after he pleaded guilty to the lesser charge of manslaughter on the grounds of diminished responsibility after experts diagnosed him with narcissistic personality disorder. Blackwell was sentenced to life imprisonment on 29 June 2005.
In Australia, specifically New South Wales, manslaughter is referred to, however not defined, in the Crimes Act 1900 (NSW). Murder and manslaughter defined. Manslaughter exists in two forms in New South Wales: Voluntary or Involuntary Manslaughter. In New South Wales, in cases of voluntary manslaughter, both the actus reus (literally guilty act) and mens rea (literally guilty mind) for murder are proven but the defendant has a partial defence, such as extreme provocation or diminished responsibility.
The court followed the criminal defense lawyer's position, despite two psychiatric evaluations for Wittmann's insanity defense, and sentenced him to three life sentences on December 15, 1971 because of his dangerous character. The experts' opinions of Wittmann were that he had a "hard and kinky sexual development, with really sadistic characteristics", and an "addictive, pathological instinctual derailment with an increasing urgency in the course of time, in desperate for periodic exacerbations", and attested to his diminished responsibility.
244 In law, there is a known exception to the assumption that moral culpability lies in either individual character or freely willed acts. The insanity defense—or its corollary, diminished responsibility (a sort of appeal to the fallacy of the single cause)—can be used to argue that the guilty deed was not the product of a guilty mind.Goldstein, A. M., Morse, S. J. & Shapiro, D. L. 2003 "Evaluation of criminal responsibility". In Forensic psychology. vol.
Alicia Berenson, a famous painter, is held guilty for the murder of her husband, photographer Gabriel Berenson. Due to a plea of diminished responsibility, she is admitted to a secure forensic unit called the Grove. Theo Faber, a forensic psychotherapist with a keen interest in the Berenson case, successfully applies for a position at the Grove. At his request, he is placed in charge of Alicia, who has not spoken since the day of the murder.
Mackay was soon considered by police to be a suspect in at least a dozen other killings over the previous two years, most victims being elderly women who had been stabbed or strangled during robberies. Mackay later claimed to have murdered 11 people. Mackay was eventually charged with five murders, but two charges were dropped due to a lack of evidence. In November 1975 he was convicted of manslaughter (due to diminished responsibility) and sentenced to life imprisonment.
The verdict was handed down on 14 July 1967, and Kot was sentenced to death as well as losing citizen rights. An appeal, based on diminished responsibility, began on 22 November 1967, and his sentence was commuted to life imprisonment. However, a higher court appeal reinstated the original sentence on 11 March 1968, and this sentence was carried out on 16 May 1968. After the hanging, an autopsy was carried out, which revealed a brain tumour.
Fearon was sentenced to three years in prison and Bark to 30 months (with an additional 12 months arising from previous offences). Fearon was released on 10 August 2001. In April of the same year Martin was convicted of murdering Barras, the charge was reduced in 2001 to manslaughter, the sentence to 5 years, on appeal, due to diminished responsibility. Fearon was released after eighteen months, Martin after about three years, having been refused early parole.
Similarly, in R v AhluwaliaR v Ahluwalia (1992) 4 AER 889 a retrial was ordered. The defendant had poured petrol over her husband and set it alight, causing burns from which he died. When the defence of diminished responsibility on the ground of "battered woman syndrome" was put, she was convicted of manslaughter. In R v Humphreys,R v Humphreys (1995) 4 AER 1008 the defendant finally lost self-control after years of abuse and stabbed her partner.
On 6 December 2013, Blackman was sentenced to life imprisonment with a minimum term of ten years, and dismissed with disgrace from the Royal Marines. On 22 May 2014, the Courts Martial Appeal Court reduced his minimum term to eight years. In March 2017, the conviction for murder was overturned and reduced to manslaughter on the grounds of diminished responsibility. Blackman was released from prison on 28 April 2017 but his dismissal from the Marines remains in place.
Diagnosed as suffering from schizophrenia, Rowntree pleaded guilty to four counts of manslaughter on the ground of diminished responsibility at Leeds Crown Court in June 1976. He was ordered to be committed to Rampton Secure Hospital for an indefinite period. He is now one of the longest serving patients in any British psychiatric/secure hospital. He changed his name to Paul Page in the late 1990s and has been allowed out on day trips from the secure hospitals he is incarcerated in.
The Homicide Act 1957 and Coroners and Justice Act 2009 are relevant acts. Voluntary manslaughter occurs when the defendant avails themself of the three statutory defenses described in the Homicide Act 1957 (provocation, diminished responsibility, and a suicide pact). Involuntary manslaughter occurs when the agent has no intention (mens rea) of committing murder, but caused the death of another through recklessness or criminal negligence. The crime of involuntary manslaughter can be subdivided into two main categories: constructive manslaughter and gross negligence manslaughter.
Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time. Depression, post-traumatic stress disorder and medication side- effects are examples of conditions that may be taken into account when assessing responsibility.
On 17 December 1968, at Newcastle Assizes, Norma Bell was acquitted but Mary Bell was convicted of manslaughter on the grounds of diminished responsibility. The jury took their lead from her diagnosis by court-appointed psychiatrists who described her as displaying "classic symptoms of psychopathy". The judge, Justice Cusack, described her as dangerous and said she posed a "very grave risk to other children". She was sentenced to be detained at Her Majesty's pleasure, effectively an indefinite sentence of imprisonment.
Two counts of attempted murder were ordered to lie on file. In March 1979 at Stafford Crown Court he pleaded not guilty to murder but instead pleaded guilty to manslaughter on the grounds of diminished responsibility. The plea was accepted by the prosecution, after psychiatrists gave evidence that he had an active paranoid psychosis. His indefinite detention was ordered by the trial judge, Mr Justice Stephen Brown, and he was held in Broadmoor Hospital and at Ashworth Hospital, both high security units.
In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions. With regard to punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence. Numerous factors affect the applicability of the defense.
He confessed to being the perpetrator, saying that the voice of God had sent him on a mission to kill prostitutes. At his trial, Sutcliffe pleaded not guilty to murder on grounds of diminished responsibility, but he was convicted of murder on a majority verdict. Following his conviction, Sutcliffe began using his mother's maiden name of Coonan. West Yorkshire Police were criticised for their failure to catch Sutcliffe despite having interviewed him nine times in the course of their five-year investigation.
In 2005, they separated. Burgess, who was transgender, then began to transition from male to female, adopting the name Sonia Burgess, but continued to practise law as David Burgess. In October 2010, Burgess was killed after being pushed under a train. The perpetrator, Nina (Senthooran) Kanagasingham, a trans woman whom Burgess had befriended, was found guilty of manslaughter on the grounds of diminished responsibility due to schizophrenia, and was sentenced to lifetime imprisonment with a minimum of seven years to serve.
Under section 2 of the Homicide Act 1957 there are three requirements for the defendant to raise the defence of diminished responsibility. The defendant must have suffered from an abnormality of mind at the time of the killing caused by one of the causes specified by the Act which substantially impaired the defendant's mental responsibility for the killing. Under section 2(2) of the Act it is for the defendant to prove he suffered from such a condition on the balance of probabilities.
Kissel was re-indicted on a single count of murder on 2 March 2010, with the retrial due to start on 10 January 2011. According to the defense, Robert told his wife on the night of 2 November 2003, that he was filing for divorce and that she was unfit to care for their children. The defense also alleged she had long suffered from physical and sexual abuse. Nancy pleaded not guilty to murder, but guilty to manslaughter on the basis of diminished responsibility and provocation.
Prior to forming the UK Subs, he was the frontman and founder of The Marauders between 1975-76. In 1980 his solo single release "Barmy London Army" spent one week at #68 in the UK Singles Chart. He has also recorded with his side project The Urban Dogs and released a solo album entitled Stolen Property and a second solo single "Freaked". As well as singing he also plays the harmonica and bass, he played rhythm guitar on the UK Subs album Diminished Responsibility.
The full amount that was eventually found was not revealed, but was referred to as "thousands of pounds". At the trial at Bodmin Assizes, beginning on 29 October, the murder was described as "brutal and savage in the extreme". Whitty was defended by Mr Norman Skelhorn, QC, who entered a plea of 'not guilty'. Skelhorn claimed that Whitty had either been acting under the influence of Pascoe, or that Whitty's psychiatric background was such that he may be guilty of manslaughter on grounds of diminished responsibility.
Copeland's mental state was assessed at Broadmoor Hospital. He was diagnosed by five psychiatrists as having paranoid schizophrenia, while one diagnosed a personality disorder not serious enough to avoid a charge of murder. There was no dispute that he was mentally ill, but the extent of this, and whether he was unable to take responsibility for his actions, became a matter of contention. At the Old Bailey, Copeland's plea of guilty to manslaughter on the grounds of diminished responsibility was not accepted by the prosecution or jury.
Failure by the Police to comply with the Law Enforcement (Powers and Responsibilities) Act 2002, may lead to evidence being excluded in court,Brown, David, David Farrier, Luke McNamara, Alex Steel, Michael Grewcock, Julia Quilter and Melanie Schwartz, Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales (The Federation Press, 2015) as contained in section 138 of the Evidence Act 1995 (NSW). Exclusion of improperly or illegally obtained evidence. Defences may be covered by legislation, including insanity,. substantial impairment/diminished responsibility,. infanticide,.
Barry Kenneth Williams (1944 – 24 December 2014), known since 1994 as Harry Street, was a British spree killer. A foundry worker who lived with his parents, he shot eight people in the English Midlands towns of West Bromwich and Nuneaton in little over an hour on 26 October 1978, killing five. Following a high-speed car chase, he was arrested and in 1979 was convicted of manslaughter on the grounds of diminished responsibility. He was detained in high-security hospitals under mental health legislation.
Maitland was prominent in the family's unsuccessful attempt to mount a defence of diminished responsibility, sparing neither his personal privacy nor his standing in the community in the failed attempt to save his brother from execution. Perceiving that his standing in the community had been damaged by the trial, Brown resigned his seat in the Council in March. He was persuaded to renominate, however, and was re-elected unopposed on 22 July. Brown's views changed markedly during his later years in the Legislative Council.
Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter. There are two general types of homicide, murder and manslaughter. Murder requires an intention to kill or an intention to commit grievous bodily harm. If this intention is present but there are certain types of mitigating factors - loss of control, diminished responsibility, or pursuance of a suicide pact - then this is voluntary manslaughter.
This defence is distinguishable from the defence of insanity for while the former requires a substantial impairment of mental responsibility arising from an abnormality of the mind, the latter requires a defect of reason arising from a disease of the mind. Broadly, the difference is that diminished responsibility is characterised by a temporary emotional or mental state which causes the accused to lose control over whether and how to act, whereas insanity is any inherent (internal) defect which so radically affects the defendant that he or she does not understand what is being done or that it is legally wrong to do it (other conditions may cause the accused to become an automaton, i.e. to be unable to control her/his body's movements, see automatism and its case law). A further distinction is that the defence of diminished responsibility reduces a murder charge to voluntary manslaughter, whereas the defence of insanity excuses the accused of all guilt (but may require the accused to be placed in special care, say, by imposing a hospital order under section 37 of the Mental Health Act 1983, and automatism results in a complete acquittal.
On their return journey from Melbourne to Fremantle, the couple had a physical altercation that was witnessed by John Forrest. The couple and their children arrived in Champion Bay in October 1875. During this time, Brown continued to show a range of anti-social behaviours, and, on Monday 3 January 1876, during the process of packing up their house to move to other accommodation, he shot his wife dead. At trial, he elected not to provide any explanation or excuse for his actions and his legal team mounted a defence based on diminished responsibility.
Some scholars view the assassination as one of the first major incidents of political violence in the United States stemming from the Arab–Israeli conflict in the Middle East. The interpretation that Sirhan was motivated by Middle Eastern politics has been criticized as an oversimplification which ignores his psychological problems. Sirhan's lawyers attempted to use a defense of diminished responsibility during the trial, while Sirhan himself tried to confess to the crime and change his plea to guilty on several occasions. He testified that he had killed Kennedy "with 20 years of malice aforethought".
Justice Crispin ruled that Singh and Rao should be tried separately in the interest of fairness. In her 1999 trial, Singh's defence presented evidence that she was mentally ill and had diminished responsibility, proposing an insanity defense. The court was told that Singh believed she was dying from a muscle wasting disease, complained of "not being able to feel her head on her body" and was bulimic. The prosecutors called an expert witness to testify that Singh had appeared rational and assertive on the night she was arrested.
The 41-day trial was the second longest to have been held in the courts of Singapore at the time. None of the defendants denied their guilt. Their appointed counsels tried to spare their clients the death sentence by pleading diminished responsibility, arguing that the accused were mentally ill and could not be held entirely responsible for the killings. To support their case they brought in doctors and psychologists, who analysed the defendants and concluded that they had exhibited schizophrenia, and depressions of the psychotic and manic order.
DPP v Camplin (1978) was an English criminal law appeal to the highest domestic court in 1978. Its unanimous judgment helped to define the main limits of defence of provocation chiefly until Parliament replaced the defence with one of "loss of control" in the Coroners and Justice Act 2009. Its ratio decidendi (main reasoning) continues to have precedent value as the new "loss of control" defence is a renaming to avoid creep of the term into scenarios for which it was never intended, above all a blurring with diminished responsibility.
A lengthy police investigation to find the perpetrator followed, during which a suspect was wrongfully charged and later acquitted – before the case went cold. In 2002, with more advanced forensic techniques, the case was reopened and on 18 December 2008 Napper pleaded guilty to Nickell's manslaughter on the grounds of diminished responsibility. Napper, who was already detained at Broadmoor High Security Hospital in Berkshire for a 1993 double murder, was ordered to be detained there indefinitely with the judge adding that it was unlikely he will ever be released.
He appeared at City of Westminster Magistrates' Court on 4 December 2007, where he was remanded until another hearing on 20 December 2007. On 24 January 2008, he pleaded not guilty to Nickell's murder and faced prosecution for the murder of Rachel Nickell in November 2008. On 18 December 2008, at the Old Bailey, Napper pleaded guilty to the manslaughter of Rachel Nickell on the grounds of diminished responsibility. Mr Justice Griffith Williams said that Napper would be held indefinitely at Broadmoor because he was "a very dangerous man".
However, Koch argued that individuals with these conditions should not be punished as severely and that there should be special institutions for them. This was on the basis that, although they were not certifiably 'insane', they had diminished responsibility. Koch's comments on free will and determinism, in both his philosophical and psychiatric work, are said to be so similar to the current debate on free will and neuroscience that some passages do not even appear historical. Koch wrote an essay in 1894 entitled Die Frage nach dem geborenen Verbrecher (The question of the born criminal).
Armstrong was charged with murder and remanded in custody to await trial at Leeds Crown Court. He planned to feign mental illness and plead guilty to manslaughter on the grounds of diminished responsibility. However while on remand he had revealed this plan in a letter to crime author Bernard O'Mahoney – who had posed as a woman in hope of getting a written confession from the killer. This letter was given to police and shown to the jury at Armstrong's trial, and he quickly changed his plea to guilty of murder.
Sek Kim Wah took the stand on 26 July 1985. Initially blaming Nyu Kok Meng for killing one of the victims and stated he got no intention to kill, Sek admitted that he did murder all three victims on the stand, but claiming diminished responsibility. When he was asked how he felt when strangling Annie Low, Sek brought up an incident in 1980 or 1981 when he was nearly strangled by someone at the Singapore Boys’ Home until he blacked out. Sek said: “At first I felt discomfort.
Scott was admitted as a solicitor in 1989, and she was called to the bar in Scotland (the Faculty of Advocates) in 1991. She "took silk" (became a Queen's Counsel) in 2002. She has acted as lead counsel in a number of high-profile appeal cases such as the Lockerbie bombing and the Glasgow Ice Cream Wars, in which she defended Abdelbaset al-Megrahi and Thomas "TC" Campbell, respectively. She was also successful in the appeal case of Kim Galbraith, whose murder conviction for shooting her policeman husband was reduced to diminished responsibility.
He also pleaded guilty to seven counts of attempted murder. The prosecution intended to accept Sutcliffe's plea after four psychiatrists diagnosed him with paranoid schizophrenia. However, the trial judge, Mr Justice Boreham, demanded an unusually detailed explanation of the prosecution reasoning. After a two-hour submission by Havers, the Attorney-General, a 90-minute lunch break and a further 40 minutes of legal discussion, he rejected the diminished responsibility plea and the expert testimonies of the four psychiatrists, insisting that the case should be dealt with by a jury.
At the next hearing on 23 June, the judge said the case would be handled as part of "the terrorism case management list", on which cases related to terrorism as defined by the Terrorism Act 2000 are placed. At a September 2016 hearing, Mair's counsel said they would not advance a diminished responsibility argument. At another hearing the following month, Mair—again appearing by video link—refused to enter a plea; the judge entered not-guilty pleas on his behalf. Mair's trial began at the Old Bailey on 14 November 2016.
Her case eventually came to the attention of the Southall Black Sisters, who pressed for a mistrial. Kiranjit's conviction was overturned on appeal in 1992 on grounds of insufficient counsel since Kiranjit had not been aware that she could plead guilty to manslaughter on the grounds of diminished responsibility. In addition, it was brought to light that she was suffering from severe depression when she lashed back at her husband, which her new counsel argued had then altered her decisionmaking abilities. After the mistrial was declared, the Crown Prosecution Service did not attempt another prosecution.
The prosecution intended to accept Sutcliffe's plea after four psychiatrists diagnosed him with paranoid schizophrenia, but the trial judge, Justice Sir Leslie Boreham, demanded an unusually detailed explanation of the prosecution reasoning. After a two-hour representation by the Attorney-General Sir Michael Havers, a 90-minute lunch break and another 40 minutes of legal discussion, the judge rejected the diminished responsibility plea and the expert testimonies of the psychiatrists, insisting that the case should be dealt with by a jury. The trial proper was set to commence on 5 May 1981.Execulink.com website.
Jones had written a character reference for Ashman when Ashman was nearly jailed after breaking the ribs of a tax collector in 1992. After the attack at Jones's office, Ashman was charged with manslaughter and attempted murder, but the jury at his trial found him to be mentally unfit to stand trial. Subsequently, detained in Broadmoor for observation, the Home Office authorised a further trial in September 2002. Ashman was subsequently found guilty of attempted murder and admitted to Pennington's manslaughter on the grounds of diminished responsibility in 2003.
On 15 December 2003, Davis stood trial at Luton Crown Court and pleaded guilty to manslaughter on the grounds of diminished responsibility. Mr Justice Richard Aikens accepted the plea after a team of five psychiatrists diagnosed him with major depressive disorder, social anxiety disorder, alcohol dependence and to be suffering from a psychotic episode at the time of the crime. He was given an indefinite sentence to be served at Broadmoor Hospital. In 2009 he was transferred to Littlemore Hospital where he is allowed out on short release.
Some defences work by showing lack of fault through the involuntary nature of the defendant's conduct. Others, such as insanity and intoxication, work by establishing a lack of mental control or awareness on the part of the defendant. Still others, such as Duress and self–defence, operate by establishing that the defendant's conduct was justified or should be excused. Finally the partial defences to murder, such as loss of self-control (previously provocation), diminished responsibility and suicide pact demonstrate a lesser degree of fault, resulting in conviction for the lesser offence of manslaughter.
Thus, when the actus reus (Latin for "guilty act") of death is accompanied by an objective or constructive version of mens rea (Latin for "guilty mind"), the subjective evidence that the defendant did intend to kill or cause grievous bodily harm because of a mental incapacity will partially excuse his conduct. Under s.2(2) of the Homicide Act 1957 the burden of proof is on the defendant to the balance of probabilities. The M'Naghten Rules lack a volitional limb of "irresistible impulse"; diminished responsibility is the volitional mental condition defence in English criminal law.
Vance, who had experienced a mental breakdown the previous year, was charged with grievous bodily harm later the same day after giving himself up to police. At his subsequent trial, held at the Old Bailey on 27 April, Vance was found guilty due to diminished responsibility and sentenced to three years' probation, after a psychiatrist successfully argued in his defence. He was ordered to spend twelve months of this sentence as a patient at London's St Luke's Hospital. Vance was dismissed by ABC, but later worked for Associated Television.
Katie Sharon Rough (16 January 2009 – 9 January 2017), who was almost eight, died in the Woodthorpe area of her hometown of York in the United Kingdom, on 9 January 2017. She was killed by a teenage girl aged 15 years old at the time, who handed herself in to the police immediately after attacking Rough. Under UK law, Rough's killer was considered a minor at the time of the killing, and so her name was not made publicly known in the subsequent investigation and trial. Rough's killer pleaded guilty to manslaughter on grounds of diminished responsibility.
His trial at Bristol Crown Court began on 4 October; he later admitted Suddards' manslaughter on the grounds of diminished responsibility. The jury were unanimous in finding him guilty of killing Suddards, and an 11–1 majority found him guilty of the murder of Yates. The judge, who called Farrow "sadistic", sentenced him to spend the rest of his life in prison. Detective Chief Inspector Simon Crisp of Avon and Somerset Police stated that tracking Farrow was difficult due to his nomadic lifestyle, but an anonymous phone call from a woman in Kent had led to his arrest.
In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt. A claim of self-defence, for example, may be a complete defence to a charge of murder, leading to an acquittal; or it may be a partial defence, which leads to conviction to a lesser verdict, such as manslaughter. In United Kingdom law, successfully pleading a partial defence for murder may reduce the conviction to voluntary manslaughter. There are three types of partial defence in the United Kingdom - loss of control, diminished responsibility and suicide pact.
At the Old Bailey the following January, his name not disclosed to the public for reasons of age, he denied two charges of murder and possessing an illegal weapon, but admitted to two charges of manslaughter on the grounds of diminished responsibility. Fairweather claimed to have psychosis, which was not found by a court psychiatrist. However, all four psychiatrists who testified agreed that Fairweather had an autistic spectrum disorder. He was found unanimously guilty by the jury on 22 April 2016, and was to be sentenced a week later, with Judge Robin Spencer, QC, saying that the minimum sentence would be 12 years.
The Salem District Court had said that the crime was committed "only for the political career". Although defense lawyer L. Nageswara Rao admitted that the three culprits took petrol from a workshop, set fire to the bus and killed the students, they were "in a state of mob frenzy" and his defense was based on diminished responsibility. The Edappadi K. Palaniswami government advocated their release; the governor Banwarilal Purohit returned their files to the state government for reconsideration of their premature release and the three men all members of the ruling AIADMK were released from the Vellore Central Prison on November 2018.
At the Old Bailey in October 1998, Magdi Elgizouli, an unemployed man with paranoid schizophrenia was convicted of Mackay's manslaughter. The British-born 30-year-old of Sudanese origin had been charged with murder but the jury accepted his defence of diminished responsibility. He was detained indefinitely, initially at Rampton Secure Hospital in Nottinghamshire and later at St. Bernard's Hospital in west London. It was subsequently reported that prior to killing Mackay, Elgizouli had served time in prison for shoplifting, was on bail for assaulting a police officer and possessing a knife, and had stopped taking his medication for his schizophrenia.
In English law the concept of "irresistible impulse" was developed in the 1960 case R v. Byrne. The appellant (described as a violent sexual psychopath) strangled then mutilated a young woman, it was alleged that Byrne suffered from violent and perverted sexual desires which he found impossible to control. Lord Parker C.J. broadened the definition of "abnormality of mind" to include those lacking "the ability to exercise will-power to control acts in accordance with [their] rational judgment". "Irresistible impulse" can be pleaded only under the defense of diminished responsibility, not under the defense of insanity.
The hanging of Ruth Ellis in 1955 had also caused considerable unease with the system of capital punishment; Ellis had a strong potential defence of diminished responsibility, but the law did not provide for such a defence to a charge of murder.On this paragraph in general see James B. Christoph, "Capital Punishment and British Politics" (George Allen & Unwin Ltd, London, 1962), chapters 4 and 5, pp 96-125. In November 1955, after Home Secretary Gwilym Lloyd George announced the government's rejection of some of the Royal Commission's proposals, veteran MP Sydney Silverman introduced a Bill to abolish capital punishment.
The appeal referred to s3 which required the jury to have regard to "everything both said and done according to the effect which in their opinion it would have on a reasonable man". The appellant argued that instead of considering the final provocation, the jury should have considered the events over the years leading up to the killing. Beldam L. J. rejected this, saying: But in R v Thornton (No 2)R v Thornton (No 2) (1996) 2 AER 1023 after considering new medical evidence, a retrial was ordered and the defendant was convicted of manslaughter on the ground of diminished responsibility.
The Court-based this reasoning on a number of passages from the work of Baron Hume, one of the institutional writers. It was also held insufficient to meet the requirements of the special defence of insanity. Lord Justice General Lord Emslie stated: :"In the law of Scotland a person who voluntarily and deliberately consumes known intoxicants, including drink or drugs, of whatever quantity, for their intoxicating effects, whether these effects are fully foreseen or not, cannot rely on the resulting intoxication as the foundation of a special defence of insanity at the time nor, indeed, can he plead diminished responsibility." The defendant's appeal against conviction for murder was refused.
Sanity is a rebuttable presumption and the burden of proof is on the party denying it; the standard of proof is on a balance of probabilities, that is to say that mental incapacity is more likely than not. If this burden is successfully discharged, the party relying upon it is entitled to succeed. In Lord Denning's judgement in Bratty v Attorney-General for Northern Ireland 1963 AC 386, whenever the defendant makes an issue of his state of mind, the prosecution can adduce evidence of insanity. However, this will normally only arise to negate the defence case when automatism or diminished responsibility is in issue.
According to the media, Deng Yujiao's murder charge was changed to intentional assault, most likely following massive public pressure from internet users who hailed her as a heroine. At her trial on 16 June, a judge said the court had found her guilty because Deng had used excessive force even though she was acting in self-defense. The lenient sentence was on account of diminished responsibility, and because she had surrendered to police and the officials involved had made a major mistake. One Beijing human rights lawyer said the court would not have freed Deng if there was not so much pressure from so much national attention.
Richard Egan is an English solicitor known for his work and advocacy in high- profile criminal defence cases. He is also known as a charity worker and a recipient of Legal Aid Lawyer of the Year award he was awarded in recognition for his work defending Lotfi Raissi who was wrongly accused of training September 11 hijackers. In 2014 Egan came to notice after successful defence of Tania Clarence who was charged with murder of her two children after her unsuccessful legal battle with social workers. After a series of defence motions, murder charge was reduced to that of a manslaughter by diminished responsibility and Clarence was given a hospital order.
However, Matheson was of the opinion that whilst agreeing that Bentley was of low intelligence, he was not suffering from epilepsy at the time of the alleged offence and he was not a "feeble-minded person" under the Mental Deficiency Acts. Matheson said that he was sane and fit to plead and stand trial. English law at the time did not recognise the concept of diminished responsibility due to retarded development, though it existed in Scottish law (it was introduced to England by the Homicide Act 1957). Criminal insanity – where the accused is unable to distinguish right from wrong – was then the only medical defence to murder.
On 6 June 2008 she was arrested while recovering at University Hospital of North Staffordshire, and was discharged in a wheelchair on 11 September 2008, at which point she was taken into custody and charged with murder the same day. Ursula was also released from hospital in September, and relocated uneventfully back to Sweden, and then the US. The trial was scheduled for February 2009, but was adjourned after the court encountered difficulties in obtaining her medical records from Sweden. The trial was then scheduled to start on 1 September 2009. Sabina pleaded guilty to manslaughter with diminished responsibility on 2 September 2009, having stabbed her victim five times with a kitchen knife.
Azhar Nazir and Imran Mohammed stood trial at the Central Criminal Court, with Nazir maintaining his innocence and Mohammed using the partial defence of diminished responsibility. The prosecution's case was one of joint enterprise. Nazir acknowledged that he did not approve of Samaira's relationship and accepted that he was present when she was killed, but he maintained that he had only witnessed the latter part of the struggle between his sister and Imran Mohammed, that he had seen this from a distance, and that he had neither participated in the murder nor played a part in planning or executing it. Despite claiming to be "horrified" by what he was witnessing, he conceded that he did not try to intervene.
An appeal was considered in October 2001 by three senior judges headed by Lord Woolf LCJ. Submissions by the defence that Martin had fired in his own defence were rejected by the appeal court. On this occasion, the defence also submitted evidence that Martin was diagnosed with paranoid personality disorder exacerbated by depression and that his paranoia was specifically directed at anyone intruding into his home; he was also diagnosed with Asperger syndrome. This submission was accepted by the Court of Appeal and, on the grounds of diminished responsibility, Martin's murder conviction was replaced by manslaughter carrying a five-year sentence, and his ten-year sentence for wounding Fearon was reduced to three years.
Kiszko was tried at Leeds Assizes then seated at Leeds Town Hall (courtroom pictured) Kiszko's defence team led by Waddington made significant mistakes. Firstly, they did not seek an adjournment when the Crown delivered thousands of pages of additional unused material on the first morning of the trial. Then there was the inconsistent defence of diminished responsibility which Kiszko never authorised, on the grounds that the testosterone he was receiving for his hypogonadism might have made him behave unusually. Kiszko's endocrinologist strongly disagreed with this theory, and if called to testify would have said that his treatment could not have caused him to act in such a way that would make him carry out a murder.
The judgment (including the three capital sentences) was upheld by Madras High Court on 6 December 2007, and the Supreme Court on 30 August 2010. However, the sentences were commuted to life imprisonment after defence lawyers L. Nageswara Rao and Sushil Kumar said that the AIADMK mob only aimed to damage buses, not kill; they had acted impulsively. The Supreme Court of India then accepted their argument of diminished responsibility. It was learned that Dharmapuri AIADMK leader D. K. Rajendran, the first suspect in the case which organized the road protest (with a seven-year conviction which was reduced to two years), held four positions in a cooperative milk society become known.
The court, had it been sitting as a court of first instance, would have imposed a sentence strikingly different from the sentence imposed in the court a quo. In the circumstances of the case, having regard to the extent of the appellant's emotional disintegration, and the fact that he was acting at the time under circumstances of severely diminished responsibility, a sentence of correctional supervision would be appropriate.570f–g. Deterrence, either of the appellant or of others, was not an important factor, having regard to the highly unusual concatenation of events, and the extremely remote possibility of a recurrence. Neither was the case one which was clamant for retribution.572c–d.
The rules dominated the law on criminal responsibility in England and Wales, the United States and many countries throughout the British Commonwealth for over 100 years. In England and Wales, the defence of insanity to which the rules apply was largely superseded, in cases of murder, by the Scottish concept of diminished responsibility following the passage of the Homicide Act 1957. M'Naghten's defence had successfully argued that he was not legally responsible for an act that arose from a delusion; the rules represented a step backwards to the traditional 'knowing right from wrong' test of criminal insanity. Had the rules been applied in M'Naghten's own case, the verdict might have been different.
McDowell briefly appeared in the Old Bailey on 2 December 2002, in relation to killing Hinz, and was remanded in custody until 14 February 2003. At the trial of McDowell two years later, in September 2004, it was revealed that, as a child, he had suffered abuse at the hands of a man, and grew up with a sense of hatred towards homosexuals, as well as suffering from a personality disorder. McDowell was a medical student at the time of the murder, and had also been working as a male prostitute. McDowell admitted manslaughter on the grounds of diminished responsibility, and was sentenced to life imprisonment at Southwark Crown Court, on 30 September 2004.
Ahmed Al-Khatib went on trial, alongside his brothers Hussain and Muhanned, at Manchester Crown Court in April 2014. He presented the partial defence of diminished responsibility, claiming that he was mentally ill and had killed Rania in self-defence when she appeared to him in the form of an "evil apparition", or djinn. Throughout the trial, in an attempt to convince the jury that he was ill, he rocked back and forth, banged his head repeatedly against the dock and attacked both an interpreter and his brother. His defence was rejected and he was found guilty of murder, with the Judge stating: He received a life sentence with a minimum tariff of 20 years.
In the Court of Criminal Appeal's judgement, the Lord Justice General, Lord Rodger, sought to clarify what he considered to be an incomplete standard definition of murder: This was a controversial opinion, as it made murder a more difficult charge to prove. Normally, when prosecuting, the Crown seeks to establish the appropriate actus reus, mens rea, and lack of any defences; however, Drury suggests that the mens rea of murder is "wicked recklessness", where wicked means there is no defence. This means that, if a defence exists, there is no mens rea. The effect of this is that, if the accused successfully pleads provocation or diminished responsibility, his conviction is reduced from murder to culpable homicide.
In early 1931 Fontaine travelled from Canada to the United Kingdom by cattle boat to further his boxing career. Over the next three years Fontaine faced many of Britain's most successful middleweight boxers, including Billy Bird, Jack Casey, Gipsy Daniels, Tommy Farr, Jack Hyams and Harry Mason. From his arrival in the U.K., Fontaine's fight record was good with 23 wins, 4 losses and 3 draws, but from November 1933 his form took a terrible reversal with 4 wins, 16 losses and 2 draws. This string of poor results would later be used as Fontaine's defence during his murder trial, with his defence counsel stating he was "punch drunk" and therefore of diminished responsibility.
Malcolm Thornton died in hospital after he was stabbed at the home he shared with his wife Sara on 12 June 1989 following an argument. At her trial in 1990, Sara Thornton pleaded guilty to manslaughter due to reasons of diminished responsibility, claiming that she had stabbed Malcolm accidentally following a row as he lay drunk on the sofa. The court heard that the police had been called to the house in Atherstone, Warwickshire on several occasions when Thornton was being assaulted by her husband. A representative from Alcoholics Anonymous saw Malcolm punch his wife on one occasion, while a neighbour spoke of how Sara Thornton had been beaten "black and blue" to the point where she became unconscious and required hospital treatment.
The prosecution in 1970–71 had emphasized that the motive had nothing to do with robbery, and the killers ignored valuable pieces of property. At Van Houten's second re-trial, the prosecution, who were now being aided by a specialist in diminished responsibility, altered the charges by using the theft of food, clothing, and a small sum of money taken from the house to add a charge of robbery, whereby the felony murder rule tended to undermine a defense of reduced capacity. She was on bond for six months before being found guilty of first degree murder. Van Houten was given a life sentence that entailed eligibility for parole, for which the prosecutor said she would one day be suitable.
Appearing calm, though behaving unusually, Sabina was processed by police in Stoke-on-Trent and was later released from custody. Shortly afterwards, she was seen and taken in by Glenn Hollinshead, of Fenton, Staffordshire, whom she suddenly stabbed to death the next day. Sabina was then pursued running from the scene and arrested in hospital after jumping from a bridge onto a busy trunk road. Despite these incidents, there was no evidence that drugs or alcohol were involved in the incidents on the M6 or the killing of Hollinshead.. Sabina later pleaded guilty to manslaughter with diminished responsibility, after an apparent episode of folie à deux (or "shared psychosis"), a rare psychiatric disorder in which delusional beliefs are transmitted from one individual to another.
All three boys had alibis for when the police surgeon and the pathologist had estimated Confait's death to have occurred, so if the medical experts were right, these boys could not have committed the crime. In court, the pathologist, Professor Cameron, changed his opinion concerning the time of death, saying it could have been as late as 1:00 am and that the heat of the fire could have sped up the onset of rigor mortis. Ordinarily the rectal temperature, which had not been taken in this case, would have been heavily relied on. At the Old Bailey on 11 November 1972, the jury found Colin Lattimore guilty of manslaughter (on the grounds of diminished responsibility) and two counts of arson (at Doggett Road and Ladywell Fields).
On 26 October 2016, Iskandar's appeal was heard in the Court of Appeal, before three judges, Chief Justice Sundaresh Menon and Judges of Appeal Chao Hick Tin and Andrew Phang. The defence presented the arguments they made in the original trial to the Court of Appeal. Not only did they raised the original defences of sudden fight and self-defence, they also raised a new defence of diminished responsibility by submitting a psychiatric report that diagnosed that Iskandar was suffering from adjustment disorder and acute stress reaction at the time of the murders, and he was depressed by his potential bankruptcy and dismissal from the police force. The judgement was reserved until 3 February 2017; this date happened to be that of Iskandar's 38th birthday.
When asked by one of the two judges, Justice Sinnathuray if he had came across a case or medical evidence of diminished responsibility being raised when the accused was not present at the actual killing, Dr Wong conceded that he had not. Vasavan also told the court of how he came to know about the affair, as well as some aspects of his early life after his adoption and before the devastating events. He said that in 1959, when he was drove out of the house by his birth father, he was adopted by Mdm Sim (Tan's biological mother), who raised him as her own. For this, he grew attached to his foster mother and still loved her even till now.
At the trial, commencing 28 March 1990, Glover pleaded not guilty to his crimes on the grounds of diminished responsibility. A psychiatrist said Glover had built up hostility and aggression since his childhood against his mother and then against his mother- in-law, who was said to "trigger" him. When she died, he had to take out his aggression on someone else. The psychiatrist who studied the case also added that this was a very unusual case because very few serial killers exist, and most of them are mentally ill, and/or have an organic disease of the brain; Glover was sane at the time of the murders, but a psychiatrist at the trial, John Shand, said Glover had a severe personality disorder.
On 14 August 1985, after hearing the closing submissions from the defence and the prosecution, the two judges - Justice Lai Kew Chai and Justice Abdul Wahab Ghows - decided on their final verdict, with Justice Lai delivering the judgement. In their written verdict, Justice Lai stated that they both found Sek Kim Wah not of unsound mind at the time of the murders, based on their review of the evidence presented to them. They found that Sek had killed Robert Tay, Annie Low and Jovita Virador with the intention to cause death. Hence, they rejected Sek's defence of diminished responsibility and found him guilty of all the three murders at Andrew Road, convict him and sentenced him to death, endng the 17-day long trial of Sek Kim Wah.
In 1974, Patty Hearst, a member of the wealthy Hearst family, was kidnapped by the Symbionese Liberation Army, a left-wing militant organization. After several weeks of captivity she agreed to join the group and took part in their activities. In 1975, she was arrested and charged with bank robbery and use of a gun in committing a felony. Her attorney, F. Lee Bailey, argued in her trial that she should not be held responsible for her actions since her treatment by her captors was the equivalent of the alleged brainwashing of Korean War POWs (see also Diminished responsibility).Regulating Religion: Case Studies from Around the Globe, James T. Richardson, Springer Science & Business Media, 6 December 2012, page 518 Bailey developed his case in conjunction with psychiatrist Louis Jolyon West and psychologist Margaret Singer.
Moot Hall Crown Court, Newcastle upon Tyne Dryden was tried at Newcastle upon Tyne Crown Court convened in the Moot Hall in March 1992, charged with murder; the attempted murder of Belmont, Campbell and council solicitor Michael Dunston; and an alternative charge of wounding Belmont and Campbell with intent to cause grievous bodily harm. Dryden entered pleas of not guilty to all charges on the grounds of diminished responsibility. After 13 days of evidence, the jury took just two hours of deliberation before finding Dryden guilty of Collinson's murder, guilty of the attempted murder of Dunston, and guilty of wounding Belmont and Campbell. Dryden was sentenced to life imprisonment for the murder, life imprisonment for the attempted murder and two terms of seven years for the woundings, all to be served concurrently.
Kiranjit Ahluwalia (born 1955) is an Indian woman who came to international attention after burning her husband to death in 1992 in the UK. She claimed it was in response to ten years of physical, psychological, and sexual abuse. After initially being convicted of murder and sentenced to life in prison, Ahluwalia's conviction was later overturned on grounds of inadequate counsel and replaced with voluntary manslaughter. Although her submission of provocation failed (under R v Duffy the loss of control needed to be sudden,R v Duffy [1949] 1 All ER 932 which this was not), she successfully pleaded the partial defence of diminished responsibility under s.2 Homicide Act 1957 on the grounds that fresh medical evidence (which was not available at her original trial) may indicate diminished mental responsibility.
Voluntary manslaughter occurs when the defendant kills with mens rea (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to manslaughter applies (these consist of mitigating circumstances which reduce the defendant's culpability). The original mitigating factors were provocation and chance medley which existed at common law, but the former has been abolished by statute, the latter has been held no longer to existR v Semini [1949] 1 KB 405, 33 Cr App R 51, CCA and new defences have been created by statute. The Homicide Act 1957 now provides two defences which may be raised to allow the court to find the accused guilty of voluntary manslaughter: diminished responsibility and suicide pact. The Coroners and Justice Act 2009 creates the defence of "loss of control".
The definition of insanity is similar to the M'Naught criterion above: "the accused is insane, if during the act, due to a mental illness, profound mental retardation or a severe disruption of mental health or consciousness, he cannot understand the actual nature of his act or its illegality, or that his ability to control his behavior is critically weakened". If an accused is suspected to be insane, the court must consult the National Institute for Health and Welfare (THL), which is obliged to place the accused in involuntary commitment if he is found insane. The offender receives no judicial punishment; he becomes a patient under the jurisdiction of THL, and must be released immediately once the conditions of involuntary commitment are no longer fulfilled. Diminished responsibility is also available, resulting in lighter sentences.
Rough's killer entered a plea of "not guilty" to the charge of murder in the initial hearing at Leeds Crown Court on 16 February 2017.The Guardian: Girl pleads not guilty to murder of seven-year-old Katie Rough During the course of her trial, she received four further mental health evaluations which disagreed on the exact disorder she suffered from, but did agree that it affected her mental state up to and including the time of the killing. Despite evidence indicating that the killing had been a premeditated act, the Crown Prosecution Service ultimately concurred that it was the result of the perpetrator's mental disorders, and offered her the opportunity to plead guilty to manslaughter on the grounds of diminished responsibility. She accepted the offer and changed her plea to "guilty" on the first day of her trial, 3 July 2017.
On 20 January 1981, Lee pleaded not guilty at Leeds Crown Court to 26 counts of murder, but guilty to 26 counts of manslaughter on the grounds of diminished responsibility, and to 11 counts of arson. Lee was initially taken to Park Lane Special Hospital in Liverpool and was later transferred to Rampton Secure Hospital. Although he was the most prolific killer in the UK at the time, he received relatively little national publicity, possibly because he was convicted of manslaughter rather than murder, and also because the trial of Peter Sutcliffe, which was a much more high-profile case, was ongoing at the same time. In 1983, a public inquiry concluded that the fire at the Wensley Lodge was accidental and that Lee was not responsible for it or the deaths of the eleven residents.
Throughout this committal hearing, Nilsen was represented by a solicitor named Ronald Moss, whom he had previously dismissed as his legal representative on 21 April, before Moss was reappointed to the role after Nilsen had complained to magistrates he had been afforded no facilities with which he could mount his own defence. Moss was to remain Nilsen's legal representative until July 1983, when Nilsen—again expressing his intention to defend himself—discharged him, until 5 August when Nilsen once again reappointed Moss. Initially, Nilsen had intended to plead guilty to each charge of murder at his upcoming trial. With Nilsen's full consent, Ronald Moss had fully prepared Nilsen's defence; five weeks before his trial, Nilsen again dismissed Moss, and opted instead to be represented by Ralph Haeems, upon whose advice Nilsen agreed to plead not guilty by diminished responsibility.
The first chief officer is recorded as Head Constable Pascoe, and early newspaper excerpts from the West Briton newspaper indicate that police were normally committed with dealing with thieves, robbers and vagrants, with one recorded instance of a Spanish soldier apprehended for vagrancy in the first week of October 1836. Punishment in the early nineteenth century normally involved imprisonment, fines, public humiliation and hard labour, and for this vagrant it would be eight hours on the “treadwheel” at Penzance Prison.West Briton 7 October 1836 Penzance, like many other towns of the era, had problems of infanticide amongst its poorer residents, with many recorded examples of parents murdering their newborns through stress, diminished responsibility and criminal intentions. The police were not always able to prove murder in many cases however, as it was often difficult to prove whether the infant, when discovered deceased, was born alive in the first place.
In criminal law, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions, even if they knew them to be wrong. It was added to the M'Naghten rule as a basis for acquittal in the mid 20th century. In 1994, Lorena Bobbitt was found not guilty when her defense argued that an irresistible impulse led her to cut off her husband's penis. The Penal Code of the U.S. state of California states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of ... diminished responsibility or irresistible impulse..." The policeman at the elbow test is a test used by some courts to determine whether the defendant was insane when they committed a crime.
The judge directed the jury to consider whether, if she did lose her self- control, a reasonable person having the characteristics of a well-educated married Asian woman living in England would have lost her self-control given her husband's provocation. On appeal, it was argued that he should have directed the jury to consider a reasonable person suffering from 'battered woman syndrome'. Having considered fresh medical evidence, the Court of Appeal ordered a retrial on the basis that the new evidence showed an arguable case of diminished responsibility in English law.R v Ahluwalia (1992) 4 AER 889. Similarly, in R v Thornton (No 2) (1996) 2 AER 1023 the battered wife adduced fresh evidence that she had a personality disorder and the Court of Appeal ordered a retrial considering that, if the evidence had been available at the original trial, the jury might have reached a different decision.
After his conviction and sentencing, Sek Kim Wah filed an appeal against his conviction and sentence. It took more than a year when on 16 March 1987, 22-year-old Sek Kim Wah's appeal was finally brought before the Court of Appeal and heard by three judges - Chief Justice Wee Chong Jin, High Court judge A. P. Rajah and Judicial Commissioner Chan Sek Keong. In the appeal, Sek's lawyer Loh Lin Kok argued that the two judges in Sek's original trial had erred in rejecting Sek's claim of diminished responsibility and the combined evidence of both Dr John Ellard and Dr Wong Yip Chong on Sek's testimony, along with its significance. Mr Loh also brought up the fact mentioned by the two judges that the first psychiatric witness Dr Ellard presented his opinion through "Australian spectacles" when the symptoms displayed by patients of personality disorders are universally relatively similar, a fact which the two judges had erred in finding, Mr Loh said.
In addition, seven soldiers were charged with crimes such as hashish use, impeding an investigation and attacking the whistleblower, Specialist Justin Stoner. Eleven of the twelve soldiers were convicted on various counts. A British Royal Marine Sergeant, identified as Sergeant Alexander Blackman from Taunton, Somerset, was convicted at court martial in Wiltshire of the murder of an unarmed, reportedly wounded, Afghan fighter in Helmand Province in September 2011. In 2013, he received a life sentence from the court martial in Bulford, Wiltshire, and was dismissed with disgrace from the Royal Marines. In 2017, after appeal to the Court Martial Appeal Court (CMAC), his conviction was lessened to manslaughter on the grounds of diminished responsibility and the sentence was reduced to seven years effectively releasing Blackman due to time served. On 11 March 2012, the Kandahar massacre occurred when sixteen civilians were killed and six wounded in the Panjwayi District of Kandahar Province, Afghanistan. Nine of the victims were children, and eleven of the dead were from the same family.
Where the defendant is alleged to have been insane at the time of committing the offence, this issue can be raised in one of three ways; the defendant can claim he was insane, the defendant can raise a defence of Automatism where the judge decides it was instead insanity, or the defendant can raise a plea of diminished responsibility, where the judge or prosecution again show that insanity is more appropriate.Herring (2008) p.676 Whatever the way in which a plea of insanity is reached, the same test is used each time, as laid out in the M'Naghten Rules; "to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong".Herring (2008) p.
When a young pregnant woman named Rosie Jones (Emilia Fox) boards a train, her enormous suitcase starts leaking blood. When later questioned by the police about the two dead bodies found inside, Rosie calmly reveals that they are her unfaithful husband and his mistress, resulting in her being sentenced by the judge (Roger Hammond) to be imprisoned in a secure unit for the criminally insane for manslaughter on the grounds of diminished responsibility. Forty three years later, Walter Goodfellow (Rowan Atkinson), the vicar of the village of Little Wallop, is very busy writing the perfect sermon for a convention while completely oblivious to the problems in his house which include the unfulfilled emotional/sexual needs of his wife Gloria (Kristin Scott Thomas), who subsequently starts an affair with her golf instructor Lance (Patrick Swayze); the sexual desires and growing maturity of his teenage daughter Holly (Tamsin Egerton), who constantly finds new boyfriends; and his son Petey (Toby Parkes), who is frequently bullied at school. Eventually, everything changes with the arrival of a new housekeeper named Grace Hawkins (Maggie Smith).
The Scottish Law Commission, in its Discussion Paper No 122 on Insanity and Diminished Responsibility (2003), pp. 16/18, confirms that the law has not substantially changed from the position stated in Hume's Commentaries: :We may next attend to the case of those unfortunate persons, who have plead the miserable defense of idiocy or insanity. Which condition, if it is not an assumed or imperfect, but a genuine and thorough insanity, and is proved by the testimony of intelligent witnesses, makes the act like that of an infant, and equally bestows the privilege of an entire exemption from any manner of pain; Cum alterum innocentia concilii tuetur, alterum fati infelicitas excusat. I say, where the insanity is absolute, and is duly proved: For if reason and humanity enforce the plea in these circumstances, it is no less necessary to observe a caution and reserve in applying the law, as shall hinder it from being understood, that there is any privilege in a case of mere weakness of intellect, or a strange and moody humor, or a crazy and capricious or irritable temper.
The defence counsel, Ivan Lawrence QC, argued that Nilsen suffered from diminished responsibility, rendering him incapable of forming the intention to commit murder, and should therefore be convicted only of manslaughter. The prosecution counsel opened the case for the Crown by describing the events of February 1983 leading to the identification of human remains in the drains at Cranley Gardens and Nilsen's subsequent arrest, the discovery of three dismembered bodies in Nilsen's property, his detailed confession, his leading investigators to the charred bone fragments of 12 further victims killed at Melrose Avenue, and the efforts he had taken to conceal his crimes. In a tactful reference to the primary dispute between opposing counsel at the trial, Green closed his opening speech with an answer Nilsen had given to police in response to a question as to whether he needed to kill: "At the precise moment of the act [of murder], I believe I am right in doing the act". To counteract this argument, Green added: "The Crown says that even if there was mental abnormality, that was not sufficient to diminish substantially his responsibility for these killings".

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