Reynolds, R v
Fresh medical evidence of Asperger's Syndrome constitutes credible evidence that could have led to a manslaughter verdict at trial, rendering the murder conviction unsafe and requiring substitution of a manslaughter conviction.
- Parties
- Appellant: Gary Reynolds; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2004
- Procedural Posture
- Criminal Appeal / Judgment on Appeal After Reference by Criminal Cases Review Commission
- Outcome
- murder conviction quashed; manslaughter conviction substituted; life imprisonment imposed; appropriate determinate sentence would have been 12 years with parole consideration after 6 years
- Legal Topics
- Murder, Manslaughter, Diminished Responsibility, Fresh Evidence, Mental Disorder
Case Brief
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Parties
Gary Reynolds
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal After Reference by Criminal Cases Review Commission
Legal Issues
- 1 Whether fresh medical evidence of Asperger's Syndrome renders the murder conviction unsafe
- 2 Whether diminished responsibility should have been considered at trial
Ratio Decidendi
Fresh medical evidence of Asperger's Syndrome constitutes credible evidence that could have led to a manslaughter verdict at trial, rendering the murder conviction unsafe and requiring substitution of a manslaughter conviction.
Court Disposition
murder conviction quashed; manslaughter conviction substituted; life imprisonment imposed; appropriate determinate sentence would have been 12 years with parole consideration after 6 years
Orders
- Reports to be collated and made available to prison authorities
- Dr Staufenberg may submit further views in writing for consideration by agencies
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