Borthwick, R v [1998] EWCA Crim 1632 (18 May 1998)

Borthwick, R v [1998] EWCA Crim 1632 (18 May 1998)

The psychiatric evidence from both Dr Bond and Dr Kennedy established that the appellant's abnormality of mind substantially impaired his mental responsibility and his ability to give rational instructions, justifying substitution of the verdict to manslaughter and imposition of a life sentence with a parole recommendation based on diminished responsibility.

Citation
[1998] EWCA Crim 1632
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
18 May 1998
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Murder, Manslaughter, Diminished Responsibility, Psychiatric Evidence, Sentencing
Criminal Law Murder Manslaughter Diminished Responsibility Psychiatric Evidence Sentencing

Case Brief

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant's abnormality of mind substantially impaired his mental responsibility at the time of the killing
  2. 2 Whether the appellant's mental illness prevented him from giving rational instructions at trial
  3. 3 Whether the verdict of murder should be substituted with manslaughter on grounds of diminished responsibility

Ratio Decidendi

The psychiatric evidence from both Dr Bond and Dr Kennedy established that the appellant's abnormality of mind substantially impaired his mental responsibility and his ability to give rational instructions, justifying substitution of the verdict to manslaughter and imposition of a life sentence with a parole recommendation based on diminished responsibility.

Court Disposition

appeal allowed

Orders

  • Verdict of murder substituted with manslaughter
  • Sentence of life imprisonment imposed