Osborne, R v

Osborne, R v

The fresh evidence of ADHD does not establish, on the balance of probabilities, that the appellant's mental responsibility was substantially impaired at the time of the killing. The appellant acted with deliberation and calculation, and no jury properly exercising its responsibilities could have concluded diminished responsibility was established. The conviction is safe and the appeal is dismissed.

Parties
Prosecutor: R; Appellant: Osborne
Jurisdiction
England and Wales
Judgment Date
24 March 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Murder, Diminished Responsibility, Fresh Evidence, Mental Health, Intent
Criminal Law Murder Diminished Responsibility Fresh Evidence Mental Health Intent

Case Brief

Summary, issues, holding and outcome

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Parties

R

Prosecutor

Osborne

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether fresh evidence of ADHD supports a defence of diminished responsibility
  2. 2 Whether the appellant's mental responsibility was substantially impaired at the time of the killing
  3. 3 Whether the conviction is safe given the new evidence

Ratio Decidendi

The fresh evidence of ADHD does not establish, on the balance of probabilities, that the appellant's mental responsibility was substantially impaired at the time of the killing. The appellant acted with deliberation and calculation, and no jury properly exercising its responsibilities could have concluded diminished responsibility was established. The conviction is safe and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction upheld