Legal System and Skills Essay Example | Topics and Well Written Essays - 1750 words

Legal System and Skills - Essay Example After killing her, James dragged the body wrapped in a counterpane to the stairs and went back to work. Mr. Dutfield later discovered the body, forcing way into the house. On 26 October 1979 the prosecuting counsel at Nottingham Crown Court confirmed based on medical evidence that had been availed that the crown could accept this was manslaughter caused by diminished responsibility. The defence, however, was not willing to accept this plea of guilty to manslaughter. None of the psychiatrist reports that had been obtained from four doctors was presented to the jury2. When this matter was taken to trial, judge Peter Pain directed that the defendant should be accounted fully responsibility of the action for the defence did not seek arguing diminished responsibility. On January 1980 on re-arraignment, he pleaded guilty of manslaughter, but not guilty of murder. This led to the advancement of the plea based on provocation, but it was unacceptable to the crown. The trial thus proceeded with the single issue of provocation where the judge advised the jury to apply the double test. At the time, a recent decision of the House of Lords was Camplin [1978] AC 705 . The judge later directed that standards of self-control expected of a man who is reasonable should be applied3. The appeal was referred by CCRC on the basis that the decision in Morgan Smith had changed the legal position. Psychiatrist evidence that demonstrated the appellant’s ability of behavior control to be impaired was rendered admissible and relevant by this decision. Since that reference by CCRC the decision has supervened in Holley. Before the appeal could be heard, a Privy Council decision in the A-G, Jersey v Holley was announced. Karimi, the appellant, was a great Communist Freedom Fighter in the Kurdistan a movement he had joined in the year 1984. Two years after joining the movement he married his wife, Mehri Rezai, who was in the same movement and two together