R v Turner
1975 · QB 834
Posted By lanbuk.com
- Facts
- Turner killed his girlfriend with a hammer after she told him, as he said, that she had been sleeping with other men and that the child she was carrying was not his. He pleaded . He wanted to call a psychiatrist to say that he was not mentally ill, but that his personality was such that he was likely to be provoked and to kill.
- Issue
- Is psychiatric evidence admissible on provocation where there is no mental illness?
- Held
- No. The Court of Appeal excluded it. Lawton LJ said jurors do not need psychiatrists to tell them how ordinary people who are not suffering from a mental illness are likely to react to the stresses of life.
- Principle
- Expert evidence of mental state is admitted where the matter is outside ordinary experience, such as insanity or diminished responsibility. It is not admitted to interpret a personality the jury can assess for themselves.
- Why it matters
- Lowery is the Privy Council case has not been followed. Weightman applies Turner.
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.