Stephenson, R. v [1979] EWCA Crim 1 (25 May 1979)

Stephenson, R. v [1979] EWCA Crim 1 (25 May 1979)

The conviction was unsafe because the jury was not properly directed on the subjective test for recklessness, especially considering the appellant's schizophrenia, which may have prevented him from appreciating the risk.

Citation
[1979] EWCA Crim 1
Parties
Defendant: Appellant; Prosecution: Crown
Jurisdiction
England and Wales
Judgment Date
25 May 1979
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Arson, Recklessness, Mental Health, Criminal Damage Act 1971
Criminal Law Arson Recklessness Mental Health Criminal Damage Act 1971

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Defendant

Crown

Prosecution

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Definition of 'reckless' under section 1 of the Criminal Damage Act 1971
  2. 2 Whether the jury was properly directed on the subjective test for recklessness
  3. 3 Impact of mental illness (schizophrenia) on recklessness

Ratio Decidendi

The conviction was unsafe because the jury was not properly directed on the subjective test for recklessness, especially considering the appellant's schizophrenia, which may have prevented him from appreciating the risk.

Court Disposition

conviction quashed

Orders

  • Conviction for arson quashed
  • Sentence for burglary remains unaltered