(Appeal was allowed, and the court agreed to accept defense in the appeal stage)
- Bench: Lord Taylor of Gosforth, CJ
- Appellant: Kiran Ahluwalia
- Respondent: Regina
- Citation :[1992] 4 All ER 889, [1993] 96 Cr App R 133, [1992] EWCA Crim 1, [1993] Crim LR 63
Issue:
- Is the defense of diminished responsibility which was not considered at trial available on appeal?
Facts:
- Appellant had claimed that she had suffered years of abuse at the hand of her husband.
- After one such violent episode, the appellant poured petrol into a bucket, lit a candle, went to her husband’s bedroom and set it on fire.
- Her husband succumbed to his injuries and died some six days later.
- Ahluwalia had pleaded manslaughter on the grounds that she did not intend to kill her husband but only intended to inflict pain.
- Also pleaded the defense of provocation on grounds of her treatment during the marriage.
- Ahluwalia was convicted of murder and appealed the decision.
- Appeal was allowed and retrial was ordered on the ground that her previous lawyers had not represented her and evidence properly.
Appellant’s contentions:
- Expert evidence and psychiatric reports had not been presented at the original trial.
- She had suffered years of abuse, which was physical, sexual and emotional.
- It was also contended that her original lawyers were not interested in listening her to her issues and hence she did not even know what defense she was supposed to take, hence insufficient counsel. Ahluwalia was not even aware that she could plead guilty to manslaughter on the grounds of diminished responsibility.
- Court heard new evidence of her long-term depression due to years of violence and abuse.
Respondent’s contentions:
- Since some time had been passed between abuse by her husband and her actions of pouring liquid on him. This showed that she had “cooled down” and not “boiling over” and hence no sudden and grave provocation.
- It was claimed that Ahluwalia’s prior knowledge to mix caustic soda with petrol to create napalm was not common knowledge and was proof that she had planned her husband's murder.
Final Decision:
The court held that appeal would be allowed on grounds of diminished responsibility. At the time of original trial there were reports that the appellant was suffering from depression due to decades of abuse and it was overlooked and the appellant was not consulted. The court ordered a retrial also.
