Sharp, R v [2003] EWCA Crim 3870 (18 December 2003)

Sharp, R v [2003] EWCA Crim 3870 (18 December 2003)

The appeal is dismissed because the defence of diminished responsibility was available at trial and not pursued due to the appellant's own decision; the new psychiatric evidence is disputed and does not meet the exceptional threshold required to admit a new defence on appeal.

Citation
[2003] EWCA Crim 3870
Parties
Appellant: Peter Sharp; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Criminal Appeal / Appeal From Conviction on Reference by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Murder, Diminished Responsibility, Fresh Evidence on Appeal, Defence Strategy, Psychiatric Evidence
Criminal Law Murder Diminished Responsibility Fresh Evidence on Appeal Defence Strategy Psychiatric Evidence

Case Brief

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Parties

Peter Sharp

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction on Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the defence of diminished responsibility should be admitted on appeal when not raised at trial
  2. 2 Whether new psychiatric evidence regarding the effects of Halcion and mental state justifies quashing the conviction or substituting a verdict of manslaughter

Ratio Decidendi

The appeal is dismissed because the defence of diminished responsibility was available at trial and not pursued due to the appellant's own decision; the new psychiatric evidence is disputed and does not meet the exceptional threshold required to admit a new defence on appeal.

Court Disposition

appeal dismissed