[2013] EWCA Crim 475

There was no justification for departing from the decision in R. v Lambert (Steven) [2002] Q.B. 1112 that the reverse burden of proof applicable to the partial defence of diminished responsibility was not incompatible with the presumption of innocence in the European Convention on Human Rights 1950 art.6(2).

CA (Crim Div) (Lord Hughes of Ombersley, Gloster J, Hickinbottom J)

24/04/2013