Robson, R v.

Robson, R v.

The conviction for murder is unsafe because the jury was almost certainly misdirected on the law of diminished responsibility, following the Smith questions, which were subsequently disapproved in Dietschmann. The correct direction would have allowed the jury to find diminished responsibility even if alcohol contributed, provided the abnormality of mind substantially impaired mental responsibility. The conviction for murder is quashed and substituted with manslaughter on the ground of diminished responsibility.

Parties
Prosecution: Regina; Appellant: Michael Robson
Jurisdiction
England and Wales
Judgment Date
15 November 2006
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal and Sentence
Outcome
murder conviction quashed; manslaughter substituted; discretionary life sentence imposed
Legal Topics
Murder, Manslaughter, Diminished Responsibility, Misdirection, Appeal Out of Time, Psychiatric Evidence, Sentencing
Criminal Law Murder Manslaughter Diminished Responsibility Misdirection Appeal Out of Time Psychiatric Evidence Sentencing

Case Brief

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Parties

Regina

Prosecution

Michael Robson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the defence of diminished responsibility in light of subsequent clarification of the law in R v Dietschmann
  2. 2 Whether the conviction for murder is unsafe due to the misdirection
  3. 3 Whether new psychiatric evidence should be admitted on appeal

Ratio Decidendi

The conviction for murder is unsafe because the jury was almost certainly misdirected on the law of diminished responsibility, following the Smith questions, which were subsequently disapproved in Dietschmann. The correct direction would have allowed the jury to find diminished responsibility even if alcohol contributed, provided the abnormality of mind substantially impaired mental responsibility. The conviction for murder is quashed and substituted with manslaughter on the ground of diminished responsibility.

Court Disposition

murder conviction quashed; manslaughter substituted; discretionary life sentence imposed

Orders

  • Conviction for murder quashed
  • Verdict of manslaughter by reason of diminished responsibility substituted