Scott Coley (1) (Appellant) The Queen (Respondent) Colin Mcghee (2) (Appellant) The Queen (Respondent) Darren Harris (3) (Appellant) The Queen (Respondent)

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeLord Justice Hughes
Judgment Date12 March 2013
Neutral Citation[2013] EWCA Crim 223
Date12 March 2013
Docket Number>Case No: 201207008D4 (1) 201204187D2 (3),201207008D4, 201106475D4 and 201204187D2

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4 cases
  • R v Peter McKay
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 14 October 2015
    ...defendant, whether or not it was properly given at all. 8 As it transpires, it clearly was not. The authority of R v Coley and Others [2013] EWCA Crim 223, that was certainly referred to in the current Archbold at the time of the trial, makes clear that this particular defence is not availa......
  • Lee Robert Foye v The Queen
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 24 April 2013
    ...law of automatism as explained in R v Quick [1973] QB 910, as to which see the recent analysis in this court in R v Caley and others [2013] EWCA Crim 223 at [19]. What Lord Hope was very clearly saying in Ross was that the reverse onus which applies in an insanity or diminished responsibili......
  • Simon Taj v The Crown
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 24 July 2018
    ...time, he was not ‘intoxicated’ and so was not deprived of the defence. 20 It was also submitted that R v McGee, R v Harris, R v Coley [2013] EWCA Crim 223 supported the proposition that to be in a state of “voluntarily intoxication” there had to be alcohol or drugs active in the system at t......
  • Dunnage v Randall
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 July 2015
    ...Corr's capacity was impaired not removed, and the question was the extent to which his autonomy had been overborne. 63 In Coley v R [2013] EWCA Crim 223, the 17 year old defendant was convicted of attempted murder. Having gone to bed he later, in dark clothing, a balaclava, and carrying a k......
2 books & journal articles
  • Political Rhetoric or Principled Reform of Loss of Control? Anglo-Australian Perspectives on the Exclusionary Conduct Model
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 77-6, December 2013
    • 1 December 2013
    ...‘Recognising Acute Intoxication as DiminishedResponsibility: A Comparative Analysis’ (2012) 76 JCL 71. It is worth noting thatin R vC[2013] EWCA Crim 223 at [16], the court noted that drug abuse is not amental disorder for the purposes of the insanity defence. However, harmful use isidentif......
  • Involuntary Intoxication
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 79-2, April 2015
    • 1 April 2015
    ...10 Cl & F 200 at 210. See DPP vBeard [1920] AC 479, 501; Attorney-General for Northern IrelandvGallagher [1963] AC 349 and RvC[2013] EWCA Crim 223 at [18] (the ‘precise line between the law of voluntaryintoxication and the law of insanity may be difficult to identify in some borderline ......

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