R v Conroy [2017] EWCA Crim 1146

Court: Court of Appeal (Criminal Division)

Facts: D strangled V to death during an attempt to engage in sexual activity. D claimed diminished responsibility due to a mental disorder. D had an autistic spectrum disorder (ASD) and mild learning difficulties. From a relatively young age his behaviour had been marked by violent incidents and ‘inappropriate and highly sexualized behaviour’.

Held: Conviction for murder was upheld. The trial judge correctly directed the jury to consider whether D was capable of rational thought during the killing. The jury were ‘fully entitled’ to convict D of murder. The jury had not been ‘materially misdirected in any sense’.

Key Judicial Statement: Lord Justice Fulford stated, "The jury must assess whether the defendant’s capacity to understand and control their actions was substantially impaired."