Dowds v R [2012] EWCA Crim 281 (22 February 2012)

Dowds v R [2012] EWCA Crim 281 (22 February 2012)

Voluntary acute intoxication, whether from alcohol or other substances, is not capable of founding diminished responsibility under section 2 Homicide Act 1957 as amended; the statutory reference to 'recognised medical condition' does not override the established rule excluding voluntary intoxication as a basis for...

Source-derived case information.

Citation
[2012] EWCA Crim 281
Parties
Appellant: Stephen Andrew Dowds; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
22 February 2012
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
appeal dismissed
Legal Topics
Diminished Responsibility, Voluntary Intoxication, Murder, Manslaughter, Statutory Interpretation
Criminal Law Diminished Responsibility Voluntary Intoxication Murder Manslaughter Statutory Interpretation

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Parties

Stephen Andrew Dowds

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Is acute voluntary intoxication capable of founding the partial defence of diminished responsibility under section 2 Homicide Act 1957 as amended by the Coroners and Justice Act 2009?

Ratio Decidendi

Voluntary acute intoxication, whether from alcohol or other substances, is not capable of founding diminished responsibility under section 2 Homicide Act 1957 as amended; the statutory reference to 'recognised medical condition' does not override the established rule excluding voluntary intoxication as a basis for the partial defence.

Court Disposition

appeal dismissed

Orders

  • Diminished responsibility not left to the jury; conviction for murder stands.