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- Title
'Expert Shopping': Appeals Adducing Fresh Evidence in Diminished Responsibility Cases: R v Foy [2020] EWCA Crim 270.
- Authors
Thomas, Mark
- Abstract
"Expert Shopping": Appeals Adducing Fresh Evidence in Diminished Responsibility Cases: R v Foy [2020] EWCA Crim 270 Keywords: Murder; manslaughter; diminished responsibility; fresh evidence; expert evidence; intoxication; appeals EN Murder manslaughter diminished responsibility fresh evidence expert evidence intoxication appeals 249 254 6 06/06/20 20200601 NES 200601 Section 23 of the Criminal Appeal Act (CAA) 1968 provides the framework for the admission of fresh evidence in criminal appeals in the Court of Appeal. Without the support of Dr Isaac, and without other psychiatric evidence to rely upon, F abandoned the defence of diminished responsibility prior to trial. Between [50] and [65], Davis LJ drew a distinction between the circumstances where evidence was not available at trial, evidence that was available but was overlooked, and evidence that was available, was appropriately considered and then reasonably rejected.
- Subjects
LEGAL evidence; LEGAL judgments; BEHAVIOR
- Publication
Journal of Criminal Law, 2020, Vol 84, Issue 3, p249
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/0022018320921053