[2009] EWCA Crim 2243

The appellant's conviction for murder after a guilty plea was not a nullity and was safe, as the partial defences of provocation and diminished responsibility were not available to him at trial and he plainly killed his wife in a violent and frenzied attack. Fresh evidence consisting of his alleged recovered memories could not be relied upon; psychiatrists' conclusions differed, and it was not permissible many years later to allow new psychiatric evidence to re-open an issue that was thoroughly investigated at trial.

CA (Crim Div) (Thomas LJ, Flaux J, Maddison J)

04/11/2009