Erskine, R v

Erskine, R v

For Erskine, contemporaneous evidence overwhelmingly demonstrated diminished responsibility at the time of the killings and impaired decision-making at trial due to mental illness; interests of justice require admitting fresh evidence and substituting manslaughter convictions. For Williams, the guilty plea was deliberate and informed, and post-trial evidence is unconvincing; conviction for murder upheld.

Parties
Prosecution: R; Appellant: Erskine; Appellant: Williams
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
Erskine: Convictions for murder quashed and substituted with manslaughter on grounds of diminished responsibility; hospital order with restriction under section 41. Williams: Appeal dismissed; conviction for murder upheld.
Legal Topics
Diminished Responsibility, Fresh Evidence, Fitness to Plead, Murder, Manslaughter, Criminal Appeal Act 1968, Homicide Act 1957
Criminal Law Diminished Responsibility Fresh Evidence Fitness to Plead Murder Manslaughter Criminal Appeal Act 1968 Homicide Act 1957

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 25 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R

Prosecution

Erskine

Appellant

Williams

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether fresh evidence of diminished responsibility should be admitted on appeal when not raised at trial
  2. 2 Whether convictions for murder should be substituted with manslaughter due to diminished responsibility
  3. 3 Whether the appellant was fit to plead at trial

Ratio Decidendi

For Erskine, contemporaneous evidence overwhelmingly demonstrated diminished responsibility at the time of the killings and impaired decision-making at trial due to mental illness; interests of justice require admitting fresh evidence and substituting manslaughter convictions. For Williams, the guilty plea was deliberate and informed, and post-trial evidence is unconvincing; conviction for murder upheld.

Court Disposition

Erskine: Convictions for murder quashed and substituted with manslaughter on grounds of diminished responsibility; hospital order with restriction under section 41. Williams: Appeal dismissed; conviction for murder upheld.

Orders

  • Erskine: Hospital order under section 37 Mental Health Act 1983 with restriction under section 41.
  • Williams: No change to conviction or sentence.