Brennan v R.

Brennan v R.

Where the only issue at trial is diminished responsibility, and the defence is supported by uncontradicted and unchallenged expert psychiatric evidence, with no rational basis in other evidence to reject it, a conviction for murder is unsafe and must be quashed. The proper verdict is manslaughter.

Parties
Appellant: Michael James Brennan; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction (murder) From Crown Court
Outcome
Appeal allowed; murder conviction quashed; manslaughter verdict substituted; sentencing adjourned for further reports.
Legal Topics
Diminished Responsibility, Expert Evidence, Murder, Manslaughter, Jury Directions
Criminal Law Diminished Responsibility Expert Evidence Murder Manslaughter Jury Directions

Case Brief

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Parties

Michael James Brennan

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction (murder) From Crown Court

Legal Issues

  1. 1 Whether the conviction for murder was safe in light of uncontradicted expert evidence supporting diminished responsibility under s.2 Homicide Act 1957 as amended
  2. 2 Whether the trial judge should have withdrawn the murder charge from the jury
  3. 3 Whether the jury was entitled to reject unchallenged expert psychiatric evidence

Ratio Decidendi

Where the only issue at trial is diminished responsibility, and the defence is supported by uncontradicted and unchallenged expert psychiatric evidence, with no rational basis in other evidence to reject it, a conviction for murder is unsafe and must be quashed. The proper verdict is manslaughter.

Court Disposition

Appeal allowed; murder conviction quashed; manslaughter verdict substituted; sentencing adjourned for further reports.

Orders

  • Conviction for murder quashed
  • Verdict of manslaughter substituted