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10 July 2008
Issue: 7329 / Categories: Case law , Law digest , Mental health
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Criminal law

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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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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