Smith, R v [2002] EWCA Crim 840 (19 March 2002)

Smith, R v [2002] EWCA Crim 840 (19 March 2002)

The conviction for murder must be quashed and substituted with manslaughter on grounds of diminished responsibility, as medical evidence now demonstrates the appellant suffered from psychopathic disorder substantially impairing his responsibility at the time of the offence.

Citation
[2002] EWCA Crim 840
Parties
Appellant: Charlie Smith; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
19 March 2002
Procedural Posture
Criminal Appeal / Judgment on Appeal After Referral by Criminal Cases Review Commission
Outcome
murder conviction quashed; manslaughter conviction substituted
Legal Topics
Diminished Responsibility, Manslaughter, Murder, Mental Health Act, Homicide Act
Criminal Law Mental Health Law Diminished Responsibility Manslaughter Murder Mental Health Act Homicide Act

Case Brief

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Parties

Charlie Smith

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal After Referral by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the appellant's conviction for murder should be substituted with manslaughter on grounds of diminished responsibility
  2. 2 Whether sufficient medical evidence exists to support diminished responsibility at the time of the first killing

Ratio Decidendi

The conviction for murder must be quashed and substituted with manslaughter on grounds of diminished responsibility, as medical evidence now demonstrates the appellant suffered from psychopathic disorder substantially impairing his responsibility at the time of the offence.

Court Disposition

murder conviction quashed; manslaughter conviction substituted

Orders

  • Order under section 37 of the Mental Health Act 1983 for hospital treatment
  • Order under section 41 of the Mental Health Act 1983 for restriction without limit of time