Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502
‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’
WLR Daily, 21st November 2014
Source: www.iclr.co.uk
