R, R. v

R, R. v

The trial judge's directions on 'substantially impaired' mental responsibility were legally sufficient, clear, and consistent with established authority. No ambiguity or lack of certainty arose, and the minimum term imposed was appropriate given the aggravating and mitigating circumstances.

Parties
Appellant: R; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
02 February 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal against conviction dismissed; renewed application for leave to appeal against sentence refused; legal aid granted for junior counsel
Legal Topics
Murder, Manslaughter, Diminished Responsibility, Sentencing, Jury Directions
Criminal Law Murder Manslaughter Diminished Responsibility Sentencing Jury Directions

Case Brief

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Parties

R

Appellant

Crown

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge's directions on 'substantially impaired' mental responsibility were legally sufficient and certain
  2. 2 Whether the minimum term imposed for life imprisonment was appropriate given the evidence of diminished responsibility

Ratio Decidendi

The trial judge's directions on 'substantially impaired' mental responsibility were legally sufficient, clear, and consistent with established authority. No ambiguity or lack of certainty arose, and the minimum term imposed was appropriate given the aggravating and mitigating circumstances.

Court Disposition

appeal against conviction dismissed; renewed application for leave to appeal against sentence refused; legal aid granted for junior counsel

Orders

  • conviction upheld
  • minimum term of twelve years affirmed