Marcus Jason Daniel v The State (Trinidad and Tobago)

Marcus Jason Daniel v The State (Trinidad and Tobago)

The interests of justice require admission of fresh psychiatric evidence raising a credible defence of diminished responsibility based on borderline personality disorder and drug-induced psychosis; the case is remitted for the Court of Appeal to hear the evidence and decide the appeal.

Parties
Appellant: Marcus Jason Daniel; Respondent: The State
Jurisdiction
England and Wales
Judgment Date
23 May 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal From Court of Appeal, Remitted for Further Hearing
Outcome
Case remitted to Court of Appeal for hearing of fresh evidence and further determination.
Legal Topics
Murder, Diminished Responsibility, Fresh Evidence, Mental Health, Psychosis, Borderline Personality Disorder
Criminal Law Murder Diminished Responsibility Fresh Evidence Mental Health Psychosis Borderline Personality Disorder

Case Brief

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Parties

Marcus Jason Daniel

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Court of Appeal, Remitted for Further Hearing

Legal Issues

  1. 1 Whether fresh psychiatric evidence supports a defence of diminished responsibility
  2. 2 Whether tactical decisions at trial preclude admission of new evidence
  3. 3 Whether borderline personality disorder and drug-induced psychosis constitute abnormality of mind under the statute

Ratio Decidendi

The interests of justice require admission of fresh psychiatric evidence raising a credible defence of diminished responsibility based on borderline personality disorder and drug-induced psychosis; the case is remitted for the Court of Appeal to hear the evidence and decide the appeal.

Court Disposition

Case remitted to Court of Appeal for hearing of fresh evidence and further determination.

Orders

  • Court of Appeal to hear fresh psychiatric evidence and any further evidence bearing on diminished responsibility.
  • Court of Appeal to determine disposition of the appeal after hearing evidence.