Practice and Procedure

R v DAWOOD KHAN (2009)

PUBLISHED July 27, 2009

[2009] EWCA Crim 1569

The issue whether an abnormality of mind was such as substantially impaired the mental responsibility of the accused for his acts in doing or being party to a killing was a question of degree and essentially one for the jury. Where there was ample evidence upon which a jury had concluded that a defendant's schizophrenia had not substantially impaired his mental responsibility for carrying out a fatal attack, its verdict that he was guilty of murder was safe.

CA (Crim Div) (Aikens LJ, Holman J, Judge Bevan QC)