Foye v R

Foye v R

The statutory burden on the defendant to prove diminished responsibility is justified, proportionate, and compatible with Article 6(2) ECHR. The trial judge's directions and conduct were proper, and the sentence imposed was not manifestly excessive.

Parties
Appellant: Lee Robert Foye; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
Diminished Responsibility, Burden of Proof, Reverse Onus, Presumption of Innocence, Murder, Manslaughter, Article 6 ECHR
Criminal Law Human Rights Law Diminished Responsibility Burden of Proof Reverse Onus Presumption of Innocence Murder Manslaughter +1 more

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Parties

Lee Robert Foye

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the statutory burden on the defendant to prove diminished responsibility is compatible with Article 6(2) ECHR
  2. 2 Whether the trial judge erred in jury directions regarding the burden of proof and specific evidence
  3. 3 Whether the judge wrongly limited cross-examination of a Crown witness

Ratio Decidendi

The statutory burden on the defendant to prove diminished responsibility is justified, proportionate, and compatible with Article 6(2) ECHR. The trial judge's directions and conduct were proper, and the sentence imposed was not manifestly excessive.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused.

Orders

  • Conviction for murder upheld
  • Leave to appeal against sentence refused