Kay, R v [2017] EWCA Crim 647 (23 May 2017)

Kay, R v [2017] EWCA Crim 647 (23 May 2017)

A defendant suffering from schizophrenia who voluntarily intoxicates himself cannot rely on diminished responsibility unless the abnormality of mental functioning arises from the recognised medical condition and not solely from voluntary intoxication. The sentencing judge's approach to starting points, aggravating features, and credit for plea was correct in law and not excessive given the facts.

Citation
[2017] EWCA Crim 647
Parties
Respondent: R; 1st Appellant: Joyce; 2nd Appellant: Kay
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed; leave to appeal against sentence refused for Kay; minimum term for Joyce upheld.
Legal Topics
Diminished Responsibility, Voluntary Intoxication, Sentencing, Murder, Manslaughter, Mental Health Act 1983, Homicide Act 1957
Criminal Law Mental Health Law Diminished Responsibility Voluntary Intoxication Sentencing Murder Manslaughter Mental Health Act 1983 +1 more

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Parties

R

Respondent

Joyce

1st Appellant

Kay

2nd Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether voluntary intoxication precludes reliance on diminished responsibility under section 2(1) of the Homicide Act 1957
  2. 2 Whether the sentencing judge gave sufficient credit for guilty pleas
  3. 3 Assessment of residual culpability where mental illness and substance abuse coexist

Ratio Decidendi

A defendant suffering from schizophrenia who voluntarily intoxicates himself cannot rely on diminished responsibility unless the abnormality of mental functioning arises from the recognised medical condition and not solely from voluntary intoxication. The sentencing judge's approach to starting points, aggravating features, and credit for plea was correct in law and not excessive given the facts.

Court Disposition

Appeals dismissed; leave to appeal against sentence refused for Kay; minimum term for Joyce upheld.

Orders

  • Kay's conviction and sentence upheld; leave to appeal against sentence refused.
  • Joyce's minimum term of nine years confirmed; no further reduction for guilty plea.