Source: All England Reporter
Publisher Citation: [2003] All ER (D) 406 (Feb)
Neutral Citation: [2003] UKHL 10
Court: House of Lords
Judge:

Lord Nicholls of Birkenhead, Lord Lloyd of Berwick, Lord Hutton, Lord Hobhouse of Woodborough and Lord Rodger of Earlsferry

Representation Andrew Edis QC and Arthur Gibson (instructed by Bell Lamb Joynson) for the defendant.
  David Perry and Duncan Penny (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 27 February 2003

Catchwords

Criminal law - Murder - Defence - Diminished responsibility - Defendant suffering from abnormality of mind - Defendant having taken drink before killing - Causative effect of drink not necessarily preventing abnormality of mind suffered by defendant from substantially impairing his mental responsibility - s 2(1).

The Case

Even if a defendant would not have killed if he had not taken drink, the causative effect of the drink did not necessarily prevent an abnormality of mind suffered by the defendant from substantially impairing his mental responsibility for his fatal acts.

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