R v Erskine (Kenneth)

Subject Matter

CRIME — Court of Appeal (Criminal Division) — Citation of authorities — Need to avoid excessive citation of authorities — Requirement to cite only authorities establishing principle rather than merely illustrating or restating it — Guidance as to deployment of authorities in appeals

[2009] EWCA Crim 1425; [2010] 1 WLR 183; [2010] 1 All ER 1196; [2009] 2 Cr App R 461; [2009] WLR (D) 241, CA

CRIME — Homicide — Diminished responsibility — Appellants convicted of murder — Subsequent appeals raising issue of diminished responsibility for first time — Whether evidence not adduced at trial to be considered on appeal — Method by which evidence to be heard — Whether principle or convention that hospital order to be made following conviction of manslaughter on grounds of diminished responsibility — Homicide Act 1957, s 2 — Criminal Appeal Act 1968, s 23 (as amended by Criminal Appeal Act 1995, ss 4, 29)

[2009] EWCA Crim 1425; [2010] 1 WLR 183; [2010] 1 All ER 1196; [2009] 2 Cr App R 461; [2009] WLR (D) 241, CA

Commentary

Blackstones Criminal Practice 2025
Hearing of an Appeal - Practice in Usual Case D27.23

Hearing of an Appeal - Receipt of Evidence by the Court of Appeal D27.25