Holderness v R.

Holderness v R.

The appeal was dismissed because the appellant failed to prove, on the balance of probabilities, that she was suffering from an abnormality of mind within the meaning of section 2 at the time of the killing. The court found the appellant's credibility undermined by her lies and the absence of psychotic symptoms observed by psychiatrists immediately after the offence. The fresh evidence did not raise a reasonable doubt as to the safety of the conviction.

Parties
Appellant: Holderness; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
06 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction (post Trial, With Application to Admit Fresh Evidence)
Outcome
appeal dismissed
Legal Topics
Murder, Diminished Responsibility, Fresh Evidence, Mental Disorder, Appeal Procedure
Criminal Law Murder Diminished Responsibility Fresh Evidence Mental Disorder Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Holderness

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction (post Trial, With Application to Admit Fresh Evidence)

Legal Issues

  1. 1 Whether fresh psychiatric evidence demonstrates that the appellant was suffering from an abnormality of mind within the meaning of section 2 of the Homicide Act 1957 at the time of the killing
  2. 2 Whether the conviction for murder is unsafe in light of the fresh evidence

Ratio Decidendi

The appeal was dismissed because the appellant failed to prove, on the balance of probabilities, that she was suffering from an abnormality of mind within the meaning of section 2 at the time of the killing. The court found the appellant's credibility undermined by her lies and the absence of psychotic symptoms observed by psychiatrists immediately after the offence. The fresh evidence did not raise a reasonable doubt as to the safety of the conviction.

Court Disposition

appeal dismissed

Orders

  • Application for extension of time granted
  • Application for leave to call fresh evidence granted