Bunch, R. v [2013] EWCA Crim 2498 (06 December 2013)

There was wholly insufficient evidence, particularly medical evidence, to support the partial defence of diminished responsibility, and the judge was correct not to leave it to the jury.

Citation: [2013] EWCA Crim 2498
Parties: Prosecution: Regina; Applicant: Martin John Bunch
Jurisdiction: England and Wales
Judgment Date: 06 December 2013
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome: application dismissed
Legal Topics: Murder, Diminished Responsibility, Alcohol Dependency, Voluntary Intoxication

Criminal Law Murder Diminished Responsibility Alcohol Dependency Voluntary Intoxication

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Parties

Regina

Prosecution

Martin John Bunch

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

1 Whether the trial judge erred in refusing to leave the partial defence of diminished responsibility to the jury

Ratio Decidendi

There was wholly insufficient evidence, particularly medical evidence, to support the partial defence of diminished responsibility, and the judge was correct not to leave it to the jury.

Court Disposition

application dismissed

Orders

renewed application for leave to appeal against conviction is refused