Diamond, R v

Diamond, R v

The appellant's decision not to advance diminished responsibility at trial was tactical and not materially caused by his mental condition; contemporaneous psychiatric evidence does not establish substantial impairment or lack of capacity to instruct. There is no reasonable explanation for failure to adduce the evidence at trial, and it is not necessary or expedient in the interests of justice to admit the fresh evidence under s.23 Criminal Appeal Act 1968.

Parties
Respondent: Regina; Appellant: Stewart Michael Diamond
Jurisdiction
England and Wales
Judgment Date
29 April 2008
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission Under S.9 Criminal Appeal Act 1995
Outcome
appeal dismissed
Legal Topics
Diminished Responsibility, Fitness to Plead, Fresh Evidence, Psychiatric Evidence, Murder Vs Manslaughter, Criminal Appeal Act 1968 S.23, Mental Health Act 1983
Criminal Law Mental Health Law Diminished Responsibility Fitness to Plead Fresh Evidence Psychiatric Evidence Murder Vs Manslaughter Criminal Appeal Act 1968 S.23 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 34 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Respondent

Stewart Michael Diamond

Appellant

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission Under S.9 Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether fresh psychiatric evidence should be admitted to support a defence of diminished responsibility not raised at trial
  2. 2 Whether appellant's mental illness materially impaired his capacity to instruct his defence team and his responsibility for the killing

Ratio Decidendi

The appellant's decision not to advance diminished responsibility at trial was tactical and not materially caused by his mental condition; contemporaneous psychiatric evidence does not establish substantial impairment or lack of capacity to instruct. There is no reasonable explanation for failure to adduce the evidence at trial, and it is not necessary or expedient in the interests of justice to admit the fresh evidence under s.23 Criminal Appeal Act 1968.

Court Disposition

appeal dismissed