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모든 판례
Criminal Law
Supreme Court
2016

R v Golds

[2016] UKSC 61

판결 이유

For the partial defence of diminished responsibility under s 52 Coroners and Justice Act 2009, 'substantial' impairment means an impairment that is more than merely trivial — it need not be total but it must be significant or appreciable.

사실관계

The defendant killed his partner. He raised the partial defence of diminished responsibility, relying on a personality disorder.

판결 요약

The Supreme Court held that 'substantial' means something between trivial and total. In most cases, no direction is needed on the meaning of substantial, but where there is an issue, the judge should direct that it means more than merely trivial.

주요 인용문

"Substantial does not mean total, but it means more than merely trivial or minimal."

Lord Hughes

후속 처리

Good law

The leading authority on the meaning of 'substantial' in the diminished responsibility defence.