SO v The Crown

SO v The Crown

The reasonableness of force used in self-defence by an accused suffering from insane delusions must be assessed objectively, not by reference to the accused's insanity. The jury was not bound to accept the psychiatric evidence, but in the circumstances of this case, given the unchallenged evidence and the prosecution's acceptance, the only proper verdicts were not guilty by reason of insanity.

Parties
Appellant: SO; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
11 October 2013
Procedural Posture
Criminal Appeal / Appeal From Conviction After Jury Trial
Outcome
Appeal allowed; convictions quashed; special verdicts of not guilty by reason of insanity substituted; absolute discharge ordered.
Legal Topics
Self Defence, Insanity Defence, Reasonableness of Force, Jury Directions, Psychiatric Evidence
Criminal Law Mental Health Law Self Defence Insanity Defence Reasonableness of Force Jury Directions Psychiatric Evidence

Case Brief

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Parties

SO

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction After Jury Trial

Legal Issues

  1. 1 Whether an accused acting under an insane delusion is entitled to an acquittal on the basis of self-defence
  2. 2 Whether the jury was entitled to reject unchallenged psychiatric evidence of insanity
  3. 3 Whether the degree of force used by an insane defendant is to be judged by objective or subjective standards

Ratio Decidendi

The reasonableness of force used in self-defence by an accused suffering from insane delusions must be assessed objectively, not by reference to the accused's insanity. The jury was not bound to accept the psychiatric evidence, but in the circumstances of this case, given the unchallenged evidence and the prosecution's acceptance, the only proper verdicts were not guilty by reason of insanity.

Court Disposition

Appeal allowed; convictions quashed; special verdicts of not guilty by reason of insanity substituted; absolute discharge ordered.

Orders

  • Convictions quashed
  • Special verdicts of not guilty by reason of insanity substituted on all counts