R v Rejmanski [2017] EWCA Crim 2061

Written By Nicolas Heyes

Court of Appeal (Criminal Division)

Facts: D, suffering from PTSD, killed someone during an argument. D sought the partial defence of loss of control.

Issue: Can personality disorders be considered in the defense of loss of control?

Held: Mental disorder affecting self-control is not relevant to loss of control under s.54 of the Coroners and Justice Act 2009. It remains relevant to diminished responsibility under the Homicide Act 1957.

Key Judicial Statement: The court stated, "A mental disorder that impairs one’s capacity for self-control does not factor into the objective test for loss of control."

Nicolas Heyes
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