R v Hendy [2006] EWCA Crim 819

The conviction for murder was quashed and replaced with diminished responsibility manslaughter because the judge's direction on the effect of alcohol (which reflected the law as then erroneously understood) was wrong in light of a later House of Lords case; obiter, fresh medical evidence relating to the diagnosis of personality disorder might reasonably have affected the decision of the jury. A retrial was not appropriate as tariff had been served; a restricted hospital order would be substituted for the life sentence.


The House of Lords case referred to is R v Dietschmann [2003] UKHL 10


Hearing date: 23 March 2006

Before: Gage LJ, Forbes J, Dame Heather Steel

Ian Pringle QC and Christopher Quinlan for the Crown

Peter Thornton QC and Paul Taylor for Hendy

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