Brown v R.

Brown v R.

Fresh expert evidence on appellant's intellectual functioning does not render the conviction unsafe; interviews were properly admitted; judge's directions were adequate; manslaughter was not a realistic alternative; intellectual deficit did not lower culpability for sentencing.

Source-derived case information.

Parties
Appellant: Delroy Brown; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; application for leave to appeal sentence refused
Legal Topics
Murder, Joint Enterprise, Fresh Evidence, Intellectual Disability, Admissibility of Police Interviews, Manslaughter Alternative Verdict, Sentencing
Criminal Law Murder Joint Enterprise Fresh Evidence Intellectual Disability Admissibility of Police Interviews Manslaughter Alternative Verdict Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Delroy Brown

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh expert evidence on appellant's intellectual functioning renders the conviction unsafe
  2. 2 Whether police interviews should have been excluded due to lack of appropriate adult
  3. 3 Whether judge's directions on joint enterprise and intent were adequate given appellant's intellectual deficit

Ratio Decidendi

Fresh expert evidence on appellant's intellectual functioning does not render the conviction unsafe; interviews were properly admitted; judge's directions were adequate; manslaughter was not a realistic alternative; intellectual deficit did not lower culpability for sentencing.

Court Disposition

appeal against conviction dismissed; application for leave to appeal sentence refused

Orders

  • extension of time and leave to appeal granted
  • fresh evidence admitted de bene esse but not formally received