Ashton, R v

Ashton, R v

Fresh psychiatric evidence establishes that the appellant was suffering from an abnormality of mind at the time of the killing, warranting substitution of a manslaughter verdict by reason of diminished responsibility and disposal under the Mental Health Act.

Source-derived case information.

Parties
Appellant: Clifford Norman Ashton; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 May 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal After Reference by Criminal Cases Review Commission
Outcome
appeal allowed
Legal Topics
Murder, Manslaughter, Diminished Responsibility, Fresh Evidence, Psychiatric Assessment
Criminal Law Mental Health Law Murder Manslaughter Diminished Responsibility Fresh Evidence Psychiatric Assessment

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Summary, issues, holding and outcome

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Parties

Clifford Norman Ashton

Appellant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether fresh psychiatric evidence warrants quashing the murder conviction and substituting a verdict of manslaughter by reason of diminished responsibility
  2. 2 Whether the appellant was suffering from an abnormality of mind at the time of the offence

Ratio Decidendi

Fresh psychiatric evidence establishes that the appellant was suffering from an abnormality of mind at the time of the killing, warranting substitution of a manslaughter verdict by reason of diminished responsibility and disposal under the Mental Health Act.

Court Disposition

appeal allowed

Orders

  • Murder conviction quashed
  • Verdict of manslaughter by reason of diminished responsibility substituted