R v Blackman [2017] EWCA Crim 1881

Court: Court of Appeal (Criminal Division)

Facts: D, a sergeant in Afghanistan, killed a wounded but incapacitated insurgent, knowing it was against the Geneva Convention. He was diagnosed with an adjustment disorder.

Held: Conviction for murder was quashed. Conviction was substituted for manslaughter. The court accepted that the "adjustment disorder of moderate severity" qualified as a mental illness under diminished responsibility.

Key Judicial Statement: Lord Justice Treacy noted, "The diagnosis of adjustment disorder of moderate severity was sufficient to establish that D’s mental state was a substantial impairment of his mental responsibility."

💡Leveluplaw : His conviction was reduced from murder to manslaughter due to diminished responsibility, illustrating the justice system's capacity to revisit and amend decisions when new evidence emerges, as allowed under Section 14 of the Court Martial Appeals Act 1968.