R v Diamond (Stewart Michael)
Jurisdiction | England & Wales |
Judge | Lord Justice Thomas,LORD JUSTICE LATHAM |
Judgment Date | 29 April 2008 |
Neutral Citation | [2007] EWCA Crim 2863,[2008] EWCA Crim 923 |
Date | 29 April 2008 |
Court | Court of Appeal (Criminal Division) |
Docket Number | Case No: 2006/06130/B3,No: 2006/0130/B3 |
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Robert Marcantonio v R
...subjected to much criticism. In this regard we draw attention to the judgments of this court in Murray [2008] EWCA Crim 1792, Diamond [2008] EWCA Crim 923 and Walls [2011] EWCA Crim 443 and to the Law Commission's Report on Unfitness to Plead (Law Com No 364; 13 January 2016). However, as m......
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R v Erskine; R v Williams
...the defence of diminished responsibility to be investigated. No point of principle was involved. 60 In Diamond [2008] EWCA Crim 923 [2008] MHLR 124 the appellant was convicted of murder in 1999. There was an extensive pre-trial psychiatric history. However before trial he refused to underg......
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R v Walls (Robert)
...Plead (2010) and discussed in judgments of this court including Murray [2008] EWCA Crim 1792, Moyle [2008] EWCA Crim 3059 and Diamond [2008] EWCA Crim 923. The criteria are as the decisions of this court have made clear the firmly established law. The duty of the court is to consider whethe......
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R v Mark Negus
...a defence of diminished responsibility would have been available. The question was most recently considered in the case of Diamond [2008] EWCA Crim 923 in which this court (Thomas LJ, Irwin and Coulson JJ) considered the guidance applicable to the exercise of a discretion to admit fresh psy......
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1 books & journal articles
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Mental Capacity: Reevaluating the Standards
...fit to plead even though he had a history of psychiatric problems and diagnosis of paranoid schizophrenia at the time of trial).93. [2008] EWCA (Crim) 923 (holding that if the defendant was found at the time of trial to be fit then it is unnecessary to reexamine his mental condition, even i......