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Criminal law

10 July 2008
Issue: 7329 / Categories: Case law , Law digest , Mental health
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R v Wood [2008] EWCA Crim 1305, [2008] All ER (D) 272 (Jun)

The consumption of alcohol before a defendant acts with murderous intent and kills, cannot, without more, bring his actions within the concept of diminished responsibility.

However, in the context of diminished responsibility, alcoholism is recognised as a disease which may fall within the ambit of s 2 of the Homicide Act 1957.

In deciding whether or not the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome, the jury should consider whether the defendant’s craving for alcohol was or was not irresistible, and whether his consumption of alcohol in the period leading up to the killing was voluntary (and if so, to what extent) or not.

Issue: 7329 / Categories: Case law , Law digest , Mental health
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NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

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Burges Salmon—Matthew Hancock-Jones

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Firm welcomes director in its financial services financial regulatory team

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Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

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The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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