Murray, R. v

Murray, R. v

The appellant's conviction for murder is unsafe due to overwhelming medical evidence of diminished responsibility and the effect of her mental illness on her plea; the conviction is quashed and substituted with manslaughter, and a Hospital Order with unlimited Restriction Order is imposed.

Parties
Appellant: Aisling Murray; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; murder conviction quashed; manslaughter conviction substituted
Legal Topics
Diminished Responsibility, Fitness to Plead, Manslaughter, Murder, Hospital Order, Restriction Order
Criminal Law Mental Health Law Diminished Responsibility Fitness to Plead Manslaughter Murder Hospital Order Restriction Order

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Parties

Aisling Murray

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's conviction for murder should be quashed and replaced with manslaughter on grounds of diminished responsibility
  2. 2 Whether the appellant's plea of guilty to murder was affected by her mental condition
  3. 3 Appropriate disposal for a conviction of manslaughter by reason of diminished responsibility

Ratio Decidendi

The appellant's conviction for murder is unsafe due to overwhelming medical evidence of diminished responsibility and the effect of her mental illness on her plea; the conviction is quashed and substituted with manslaughter, and a Hospital Order with unlimited Restriction Order is imposed.

Court Disposition

appeal allowed; murder conviction quashed; manslaughter conviction substituted

Orders

  • Hospital Order for detention at Edenfield Centre
  • Restriction Order unlimited in time