Inglis v R.

Where credible and weighty fresh psychiatric evidence provides a realistic basis for a jury to consider diminished responsibility, and that defence had no realistic forensic basis at trial, a murder conviction may be set aside and a retrial ordered. The appellate court should not treat the defence as improperly withheld where the necessary evidential foundation was unavailable at the original trial.

The appellant was convicted at the Crown Court at Blackfriars of murdering Charlotte Maltese and was sentenced to life imprisonment with a minimum term of 17 years. At trial, the issue was provocation. The available forensic psychiatric evidence did not provide a realistic basis for diminished responsibility.

On appeal, fresh psychiatric evidence indicated that the appellant suffered from bipolar affective disorder and could have been in a depressive episode when the killing occurred. The central question was whether that evidence was sufficiently credible and weighty to require a retrial at which diminished responsibility could be considered.

1. Appeal allowed. The court set aside the murder conviction and ordered a new trial.
2. The defence had not deliberately withheld diminished responsibility until after conviction. At the original trial, the forensic psychiatric evidence did not provide a realistic basis for advancing that defence.
3. The fresh evidence from psychiatrists, including evidence instructed by the Crown, established that the appellant had bipolar affective disorder. There was a material dispute as to whether he was in remission or in a depressive episode at the time of the killing. Further fresh factual evidence was capable of supporting the latter conclusion.
4. The fresh evidence had sufficient weight and credibility for a jury to consider whether the appellant's responsibility was substantially diminished. It was therefore appropriate to order a retrial.
5. The nominated trial judge was invited to hold a case-management hearing promptly and give directions so that the retrial complied with the overriding objective in Part 1 of the Criminal Procedure Rules.

• Court of Appeal (Criminal Division): Allowed the appeal, set aside the conviction for murder and ordered a retrial: [2010] EWCA Crim 2269.
• Crown Court at Blackfriars: The appellant was convicted of murder before HHJ Pontius and sentenced to life imprisonment with a minimum term of 17 years.