{"id":304,"date":"2006-05-06T15:00:46","date_gmt":"2006-05-06T15:00:46","guid":{"rendered":""},"modified":"2006-05-06T15:00:46","modified_gmt":"2006-05-06T15:00:46","slug":"r-v-hendy-2006-ca","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=304","title":{"rendered":"R v Hendy [2006] CA"},"content":{"rendered":"<p><strong>[Manslaughter &#8211; diminished responsibility &#8211; effect of intoxication can be disregarded] <br \/><\/strong>D stabbed and killed a complete stranger. D raised diminished responsibility, there was evidence that alcohol, had played a part in the killing. &nbsp; <\/p>\n<p><strong>Held<\/strong>: D did not have to show that if he had been sober, he would still have killed the victim to benefit from diminished responsibility. <strong>Section 2(1) of the Homicide Act 1957<\/strong> meant that, if &#8211; ignoring the effect of the alcohol &#8211; D&#8217;s abnormality of mind substantially impaired his mental responsibility for his acts in doing the killing, the jury should find him not guilty of murder but guilty of manslaughter. &nbsp; <\/p>\n<p><strong><em>R v Gittens<\/em> [1984] QB<\/strong>&nbsp;is correct. <strong><em>Dietschmann<\/em><\/strong> was not &#8216;new law&#8217; but simply explained what the law had always been since the 1957 Act was enacted and since <strong><em>Gittens<\/em><\/strong>. <\/p>\n<p><strong>Guilty of manslaughter<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>[Manslaughter &#8211; diminished responsibility &#8211; effect of intoxication can be disregarded] D stabbed and killed a complete stranger. D raised diminished responsibility, there was evidence that alcohol, had played a part in the killing. &nbsp; Held: D did not have to show that if he had been sober, he would still have killed the victim [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-304","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=304"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/304\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}