R v Egan
| Jurisdiction | England & Wales |
| Judgment Date | 13 May 1992 |
| Date | 13 May 1992 |
| Court | Court of Appeal (Criminal Division) |
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16 cases
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R v Dietschmann (Anthony)
...impaired his mental responsibility for his fatal acts. 35 In two subsequent cases, R v Atkinson [1985] Cr LR 314 (1 March 1985) and R v Egan [1992] 4 All ER 470 the Court of Appeal approved the two questions stated by Professor Smith in his commentary. In Atkinson the jury returned a verdic......
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R v Hendy (Jason Geoffrey)
...law" or represented the law as it always was, "old law". 26 Mr Pringle submits that since the case of R v Atkinson [1985] Crim LR 314 and R v Egan [1992] 95Cr. App. R. 278, judges have invariably and correctly, directed the jury in the same way as the judge did in this case. The two questio......
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R v Golds
...same as "more than trivial" — see para 13 above. 18 The difficulty for later readers was compounded by the closing words of the judgment in Egan at 480h: "Finally, for the avoidance of doubt, we advise judges that guidance as to the meaning of 'substantial' should be explicitly provided for......
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R v Clive Wood
...on self induced intoxication as a defence is evident not only in Tandy but in subsequent decisions such as Atkinson [1985] Crim LR 314, and Egan [1992] 95 CAR 278. 30 In Inseal [1992] CLR 36 a cautious diagnosis of alcohol dependency syndrome was made. The caution was occasioned by two spec......
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6 books & journal articles
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Recognising Acute Intoxication as Diminished Responsibility? A Comparative Analysis
...[2006] Crim LR 471 at 483.67 Law Commission, above n. 64 at para. 5.85.68 See, e.g., R vDietschmann [2003] UKHL 10; R v Egan (1992) 95 Cr App R 278, CA;R v Inseal [1992] Crim LR 35, CA; R vAtkinson [1985] Crim LR 314, CA; R vGittens [1984] QB 698, (1984) 79 Cr App R 272, CA; R vFenton (1975......
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Court of Appeal
...he did? And (ii) he would have beenunder diminished responsibility when he did so?’ Both R vAtkinson[1985] Crim LR 314 and R vEgan [1992] 4 All ER 470 had used adaptedversions of these questions. Whilst it could be suggested that this was nomore than a simple misapplication of the legal pri......
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Substantially confused? The paradox of Golds R v Golds [2016] UKSC 61
...the meaningof ‘substantial’ will the judge be required to offer clarification as to the spectral nature of impair-ment (RvEgan [1992] 4 All ER 470) (at [17]). The judge must th en direct that, whereas impair-ment must be more than merely trivial to be substantial, it is not the case that an......
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Alcoholism and Criminal Liability
...kind.’66 s 23A (1) of the Crimes Act 1900 (NSW).67 Gittens (1984) 79 Cr App R 272; [1984] QB 698; RvEgan [1992] 6 All ER 470; 95 Cr App Rep 278;[1993] Crim LR 131.68 Although prior to the introduction of this section the Australian position appeared to correspond withthe English. See De Sou......
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