[2008] EWCA Crim 923

Where a defendant who was charged with murder had refused to be assessed for mental illness and refused legal advice to plead guilty to manslaughter on the grounds of diminished responsibility, it was not in the interests of justice to admit fresh evidence 10 years after the offence in relation to the defendant's mental state at the time of the killing as it was clear from the evidence that the defendant's decision to plead not guilty was tactical.

CA (Crim Div) (Thomas LJ, Irwin J, Coulson J)


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