R v Chard
1971 · 56 Cr App R 268
Posted By lanbuk.com
- Facts
- Chard was charged with murder. There was no issue of insanity or diminished responsibility. The defence wanted a prison doctor to say that Chard had not formed the intention to kill or to cause grievous bodily harm.
- Issue
- May an expert tell the jury whether an ordinary accused formed the intention for murder?
- Held
- No. The Court of Appeal held that intention, where no mental illness is in issue, is the jury's question. A doctor may not give an opinion on it.
- Principle
- Expert evidence is admitted on matters outside ordinary experience. The state of mind of a person who is not said to be ill is inside it.
- Why it matters
- The year is 1972. The report is 1971. Turner is the same principle applied to . Jeffries applies it to a detective and a drugs list.
Words and Latin in this note
- Provocation
- A partial defence to murder in Sierra Leone. The accused lost self-control because of provocative conduct, and a reasonable person with the accused's characteristics might have done as he did. It reduces murder to manslaughter. It is not a defence to any other crime. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.