R v Borthwick

JurisdictionEngland & Wales
Judgment Date1998
Year1998
Date1998
CourtCourt of Appeal (Criminal Division)
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22 cases
  • R v Weekes (Stephen)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • February 18, 1999
    ...not admitted), R v Steven Jones [ 1997] 1 Cr. App. R 86 (in which the evidence was not admitted, but in which the conviction was upheld) R v Borthwick [1998] Crim. L.R. 274 and Transcript 96/7084/X5, a decision of Waller LJ and Smedley and Sullivan JJ on 27.10.1997 in which the evidence was......
  • R v Diamond (Stewart Michael)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • April 29, 2008
    ...(or to use Kennedy LJ's phrase in Shah the choice was “forced on him”). In the first hearing in ( [1997] EWCA Crim 2656R v Borthwick [1998] Crim LR 274), the need for overwhelming or clear evidence of both of these was stressed, if the evidence was to be admitted. In the subsequent hearing,......
  • Adrian Jones (Deceased) v R
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • June 22, 2021
    ...case that there is clear and undisputed evidence, unknown at trial, which the court accepts demonstrates diminished responsibility ( e.g. R v Borthwick [1998] Crim LR 274, R v Gilfillan, unreported 7 December 1998 and R v Weekes [1999] 2 Cr App R 520; in the latter case the essential fact......
  • R v Hampton; R v Brown
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • July 30, 2004
    ...App R 86; R v Campbell [1997] 1 Cr App R 199; R v Shah (unrep. 30 April 1998); R v Gilfillan (unrep. 7 December 1998); R v Borthwick [1998] Crim LR 274; R v Weekes [1999] 2 Cr App R 520 and R v Pendleton. 100 In addition to those cases we were referred to other cases, in particular: R v S......
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1 books & journal articles
  • Court of Appeal
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 71-2, April 2007
    • April 1, 2007
    ...stated (at [30]):The Journal of Criminal Law130 This is not a case in which the decisions made by the court in, for example,Borthwick [[1998] Crim LR 274] and Ahluwalia [(1993) 96 Cr App R 133]can be followed. In our judgment, no reasonable explanation has beengiven for the failure to adduc......

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