Inglis, R v

Inglis, R v

There was no evidence that the appellant lost self-control at the time of the killing; her actions were deliberate and planned. Mercy killing is not a defence to murder under English law. The mandatory sentence for murder applies, but the minimum term may be reduced in light of mitigating factors such as the appellant's mental health and genuine belief in acting out of mercy.

Parties
Respondent: R; Appellant: Frances Inglis
Jurisdiction
England and Wales
Judgment Date
12 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Murder, Attempted Murder, Mercy Killing, Sentencing, Provocation, Diminished Responsibility
Criminal Law Murder Attempted Murder Mercy Killing Sentencing Provocation Diminished Responsibility

Case Brief

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Parties

R

Respondent

Frances Inglis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in withdrawing the defence of provocation from the jury
  2. 2 Whether mercy killing constitutes a defence to murder under English law
  3. 3 Appropriate sentence for murder in the context of mercy killing

Ratio Decidendi

There was no evidence that the appellant lost self-control at the time of the killing; her actions were deliberate and planned. Mercy killing is not a defence to murder under English law. The mandatory sentence for murder applies, but the minimum term may be reduced in light of mitigating factors such as the appellant's mental health and genuine belief in acting out of mercy.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction for murder and attempted murder upheld
  • Minimum term of life sentence reduced from 9 years to 5 years