Symmons, R v

Symmons, R v

The appeal was dismissed because the appellant was found fit to give evidence at trial, the fresh psychiatric evidence was unreliable and inconsistent with contemporaneous evidence, and the trial judge's directions on provocation were adequate.

Parties
Respondent: R; Appellant: Derek Symmons
Jurisdiction
England and Wales
Judgment Date
07 April 2009
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Murder, Provocation, Diminished Responsibility, Fitness to Stand Trial, Fresh Evidence, Appeal Procedure
Criminal Law Murder Provocation Diminished Responsibility Fitness to Stand Trial Fresh Evidence Appeal Procedure

Case Brief

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Parties

R

Respondent

Derek Symmons

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was unfit to give evidence at trial
  2. 2 Whether fresh evidence of depressive illness should be admitted to support provocation or diminished responsibility
  3. 3 Whether the trial judge misdirected the jury on provocation

Ratio Decidendi

The appeal was dismissed because the appellant was found fit to give evidence at trial, the fresh psychiatric evidence was unreliable and inconsistent with contemporaneous evidence, and the trial judge's directions on provocation were adequate.

Court Disposition

Appeal dismissed