Haddon, R v

Where fresh psychiatric evidence shows that, at the time of a killing, an offender suffered an abnormality of mind substantially impairing mental responsibility, and a jury is unlikely to have convicted of murder if it had heard that evidence, the murder conviction should be quashed. The court may then exercise its power under Criminal Appeal Act 1968 section 3 to substitute a verdict of manslaughter by reason of diminished responsibility.

The appellant had been convicted of murder at Birmingham Crown Court in 1980 for causing the death of his ten-week-old daughter. His renewed application for leave to appeal against conviction was dismissed in 1981.

Following a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, the Court of Appeal received fresh evidence from two psychiatrists. Each concluded that the appellant had a severe personality disorder at the time of the offence which substantially impaired his responsibility. The central question was whether that evidence would probably have led to a different verdict at trial.

1. Appeal allowed. The court held that, had the jury heard the fresh psychiatric evidence, it was unlikely to have convicted the appellant of murder.

2. The psychiatrists’ evidence established that the appellant had, at the time of the killing, a severe and long-standing personality disorder. The disorder amounted to an abnormality of mind and substantially impaired his responsibility for his acts within section 2 of the Homicide Act 1957. The later clarity of the diagnosis did not undermine the conclusion that the basic disorder existed at the time of the offence.

3. The murder conviction was quashed. Exercising its power under section 3 of the Criminal Appeal Act 1968, the court substituted a verdict of manslaughter by reason of diminished responsibility.

4. Sentence was adjourned because further evidence concerning risk was to be called. The appellant was to remain in custody and the court directed that a medical report be prepared.

• Court of Appeal (Criminal Division): On a Criminal Cases Review Commission reference, allowed the appeal, quashed the murder conviction and substituted manslaughter by reason of diminished responsibility.

• Court of Appeal (Criminal Division): On 23 January 1981, dismissed the appellant’s renewed application for leave to appeal against conviction.

• Birmingham Crown Court: On 18 January 1980, convicted the appellant of murder and imposed life imprisonment.