Osborne, R v [2010] EWCA Crim 547 (24 March 2010)

Osborne, R v [2010] EWCA Crim 547 (24 March 2010)

The fresh evidence of ADHD did not demonstrate substantial impairment of the appellant's mental responsibility at the time of the killing; the actions were deliberate and calculated. The conviction is safe and the appeal is dismissed.

Citation
[2010] EWCA Crim 547
Parties
Respondent: R; Appellant: Osborne
Jurisdiction
England and Wales
Judgment Date
24 March 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction Referred by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Murder, Diminished Responsibility, Fresh Evidence, Mental Capacity, ADHD
Criminal Law Murder Diminished Responsibility Fresh Evidence Mental Capacity ADHD

Case Brief

Summary, issues, holding and outcome

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Parties

R

Respondent

Osborne

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction Referred by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether fresh evidence of ADHD establishes diminished responsibility for murder
  2. 2 Whether failure to adduce evidence at trial is sufficiently explained
  3. 3 Whether conviction is unsafe given new psychiatric evidence

Ratio Decidendi

The fresh evidence of ADHD did not demonstrate substantial impairment of the appellant's mental responsibility at the time of the killing; the actions were deliberate and calculated. The conviction is safe and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • fresh evidence not admitted