Blackman, R. v [2017] EWCA Crim 190 (15 March 2017)

Blackman, R. v [2017] EWCA Crim 190 (15 March 2017)

The conviction for murder is unsafe because fresh psychiatric evidence demonstrates the appellant was suffering from an adjustment disorder at the time of the killing, substantially impairing his ability to form rational judgement and exercise self-control. The partial defence of diminished responsibility should...

Source-derived case information.

Citation
[2017] EWCA Crim 190
Parties
Respondent: Regina; Appellant: Alexander Wayne Blackman
Jurisdiction
England and Wales
Judgment Date
15 March 2017
Procedural Posture
Criminal Appeal (court Martial) / Appeal Following CCRC Reference
Outcome
Conviction for murder quashed; substituted with conviction for manslaughter by reason of diminished responsibility.
Legal Topics
Diminished Responsibility, Manslaughter, Court Martial Procedure, Mental Health in Criminal Justice
Criminal Law Military Law Diminished Responsibility Manslaughter Court Martial Procedure Mental Health in Criminal Justice

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Parties

Regina

Respondent

Alexander Wayne Blackman

Appellant

Procedural Posture

Criminal Appeal (court Martial) / Appeal Following CCRC Reference

Legal Issues

  1. 1 Whether fresh psychiatric evidence establishes diminished responsibility for the killing
  2. 2 Whether the conviction for murder is unsafe due to failure to consider diminished responsibility
  3. 3 Whether a verdict of manslaughter should be substituted

Ratio Decidendi

The conviction for murder is unsafe because fresh psychiatric evidence demonstrates the appellant was suffering from an adjustment disorder at the time of the killing, substantially impairing his ability to form rational judgement and exercise self-control. The partial defence of diminished responsibility should have been left to the Board at trial. The court substitutes a verdict of manslaughter by reason of diminished responsibility.

Court Disposition

Conviction for murder quashed; substituted with conviction for manslaughter by reason of diminished responsibility.

Orders

  • Appellant's conviction for murder is quashed.
  • A verdict of manslaughter by reason of diminished responsibility is substituted.