Case note on ahluwalia Essay

1289 Words Oct 31st, 2013 6 Pages
R. V Kiranjit Ahluwalia [1993] 96 Cr. APP. R. 133 Court of Appeal

Introduction

In this case, R. V Kiranjit Ahluwalia1, the appellant is kiranjit Ahluwalia and the respondent is Regina (the Crown). The Legal issue in the case was whether the use of provocation as a defense could stand as she had sufficient time to consider her action and also if it could stand as a defence to person who has suffered domestic abuse with resulted in a battered woman’s syndrome.

The Crown court convicted her of Murder and rejected the defence of provocation. The court of appeal overturned the conviction and ordered a retrial.

Facts
On the
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See R v Taaka12 who submitted evidence suggesting that the appellant suffered from chronic posttraumatic stress disorder. Lord Taylor held that the references to sudden and temporary loss of self control were correct and in accordance with well accepted Law.

The appellant’s last submission is in relation to the issue of diminished responsibility. The appellant gave evidence to the court in a number of psychiatric reports proving that at the time of the killing, the appellant’s mental state was diminished according to the 1957 Act13. The Judge believed that on this ground of appeal, the appellant was on stronger ground. The judge found that at the time of the killing there was in fact medical evidence to show that she was suffering from Endogenous depression, which according to some experts could be a major medical depressive disorder. In relation to the issue of a new defence, the judge allowed that a new defence could be raised in order to give the defendant the opportunity to run different defences14.

On this ground of appeal, the judge held that due to the exceptional nature of the case, considered it appropriate to admit new evidence under the 1968 Act15 and that on the ground of diminished responsibility they considered the verdict of the jury to be unsafe. As a result of this they quashed the conviction of murder and ordered a

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