R v Weightman

JurisdictionEngland & Wales
Judgment Date18 October 1990
Date18 October 1990
CourtCourt of Appeal (Criminal Division)

Court of Appeal

Before Lord Justice McCowan, Mr Justice Jupp and Mr Justice Owen

Regina
and
Weightman

Criminal evidence - admissibility - psychiatrists

When psychiatrist's evidence is not admissible in court

Evidence of psychiatrists was inadmissible where its purpose was, in effect, to tell a jury how a person who was not suffering from mental illness was likely to react to the stresses and strains of life. That principle was derived from the cases, notably R v Turner (Terence)ELR ((1975) QB 834),

The Court of Appeal so stated when dismissing the appeal of Beverley Anne Weightman against her conviction on December 20, 1989 at Leicester Crown Court, before Mr Justice Tucker and a jury, of the murder of her child aged two.

Mr Nigel Baker, QC, assigned by the Registrar of Criminal Appeals, for the appellant; Mr James Hunt, QC and Mr David Price for the Crown.

LORD JUSTICE McCOWAN, giving the judgment of the court, said that three months after a verdict of accidental death had been recorded, the appellant confessed to her husband and probation officer that she had suffocated the child deliberately.

The central issue at trial was whether the confessions were true. An application to call a psychiatrist to give evidence was refused on the ground that to allow scientific or medical evidence to be called in a case where there was no...

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5 cases
  • R v Gilfoyle
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • October 20, 1995
  • K/S Norjal A/S v Hyundai Heavy Industries Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • February 21, 1991
    ...an appeal by K/S Norjal A/S and a cross-appeal by Hyundai Heavy Industries Co Ltd against orders of Mr Justice Phillips (The Times November 8, 1990) whereby he refused a declaration sought by Norjal that such a unilateral arrangement would not raise an imputation of bias against the arbitra......
  • Huang Danmin v Traditional Chinese Medicine Practitioners Board
    • Singapore
    • High Court (Singapore)
    • May 18, 2010
    ...how an ordinary person, not suffering from any mental illness, was likely to react to the strains and stresses of life: R v Weightman (1991) 92 Cr App R 291. In R v Masih [1986] Crim LR 395, the court expressed the view that in the case of an IQ which, though low, was within the range of no......
  • Chou Kooi Pang and Another v Public Prosecutor
    • Singapore
    • Court of Appeal (Singapore)
    • August 24, 1998
    ... ... Thus, a psychiatrist`s evidence was held inadmissible where its purpose was, in effect, to tell a jury how an ordinary person, not suffering from any mental illness, was likely to react to the strains and stresses of life: R v Weightman [1991] 92 Cr App R 291. In R v Masih [1986] Crim LR 395, the court expressed the view that in the case of an IQ which, though low, was within the range of normality as understood by psychologists, the adducing of expert evidence was not justified ... 17.In the present case, the question was ... ...
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5 books & journal articles
  • Expert Evidence of Delay in Complaint in Childhood Sexual Abuse Prosecutions
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 10-3, July 2006
    • July 1, 2006
    ...Hunter etal., above n. 9 at para 26.24. 25 Mohan [1994] 2 SCR 9 at [32].26 J-LJ [2000] 2 SCR 600 at [33], SCC.27 See, e.g., Weightman (1992) 92 Cr App R 291, CA; Masih [1986] Crim LR 395, CA; Ward (1992) 96 Cr App R 1, CA; Smith [1979] 1 WLR 1445, CA; Heaton [1993] Crim LR 593, CA; Raghip, ......
  • Joyce L. Kennard: an independent streak on California's highest court.
    • United States
    • Albany Law Review Vol. 65 No. 4, June - June 2002
    • June 22, 2002
    ...Justice Kennard in her election--she was confirmed by a healthy majority. See Final California Election Returns: Judicial, L.A. TIMES, Nov. 8, 1990, at 26 (reporting that Joyce Kennard received 68% of the votes--the highest percentage of any associate (15) Out of 356 total opinions written ......
  • Usurping the Role of the Jury? Expert Evidence and Witness Credibility in English Criminal Trials
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 13-2, April 2009
    • April 1, 2009
    ...of Psychiatric and Psychological Evidence’ (1996) 7 Journal of Forensic Psychiatry 63.9 [1974] QB 834 at 841. See also RvWeightman (1991) 92 Cr App R 291 at 297.10 RvPinfold and Mackenney [2003] EWCA Crim 3643 at [14].11 House of Commons Science and Technology Committee, Forensic Science on......
  • Conflicting agendas: the politics of sex in aged care.
    • Australia
    • Elder Law Review No. 10, January - January 2016
    • January 1, 2016
    ...Connors, 'Knickers in a knot over sex for aged', Canberra Times, 6 November 1990, 8. (76) 'Church and sex: Govt backs off', Canberra Times, 8 November 1990, (77) 'They said it', Canberra Times, 3 November 1990, 9. (78) Ibid. (79) Ibid. (80) Commonwealth, Parliamentary Debates, House of Repr......
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