Martyna Ogonowska v R

Martyna Ogonowska v R

There was no sufficient evidence of loss of self-control to require the judge to leave the partial defence to the jury; the summing up on self-defence was not materially unbalanced; the handling of evidence relating to diminished responsibility and expert witness Dr Ho did not render the conviction unsafe; fresh evidence does not affect the safety of the conviction.

Parties
Appellant: Martyna Ogonowska; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction
Outcome
Renewed application for leave to appeal against conviction refused.
Legal Topics
Murder, Loss of Control, Self Defence, Diminished Responsibility, Expert Evidence, Disclosure, Bad Character Evidence
Criminal Law Murder Loss of Control Self Defence Diminished Responsibility Expert Evidence Disclosure Bad Character Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Martyna Ogonowska

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in not leaving the partial defence of loss of control to the jury
  2. 2 Whether the summing up on self-defence was unbalanced or legally deficient
  3. 3 Whether the evidence relating to diminished responsibility was properly handled

Ratio Decidendi

There was no sufficient evidence of loss of self-control to require the judge to leave the partial defence to the jury; the summing up on self-defence was not materially unbalanced; the handling of evidence relating to diminished responsibility and expert witness Dr Ho did not render the conviction unsafe; fresh evidence does not affect the safety of the conviction.

Court Disposition

Renewed application for leave to appeal against conviction refused.

Orders

  • Application for leave to appeal against sentence to be heard on a future date with at least one member of current constitution present.