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R v McCann: Self-Defense or Manslaughter? A Complex Case of Life and Death

The case of R v McCann revolves around a fatal confrontation where the defendant claims self-defense against an intruder. After a tense struggle, the defendant reported, "Got tangled up in a rope" and expressed fear for his life, leading to an urgent call to police stating he had to "kill an intruder." Despite his articulate demeanor and superior intelligence, issues of mental health, including the refusal of medication, complicated his defense. The jury ultimately found him not guilty of murder but guilty of manslaughter, raising questions about self-defense and mental capacity.

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R v McCann: Self-Defense or Manslaughter? A Complex Case of Life and Death

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  1. R v McCann • Struggle ensued, deceased “Got tangled up in a rope” • “It was either him or me. I’m in fear of my life” • ‘000’ Call: “…I’ve just had to kill an intruder in self defence. I'm very upset. I never hurt anyone in my life before, but I need the local police…police evicted the tenant and he came back about 10 minutes ago to kill me so I had to kill him in self defence.”

  2. ERISP • looked tired, as if straining to attend to the questions, had his eyes closed for extended periods and complained of being in pain. • Stated: “It wasn’t murder…he punched me very severely…he came through the curtain and attacked me.”

  3. R v McCann • Detained MRRC • Lacked insight, refusing medication • Articulate, superior intelligence,tended to talk quickly • Refusing to raise mental illness as defence or mitigation • More concern re Guardianship Tribunal than murder trial

  4. R v McCann • Issues of fitness to be tried • Substantial impairment by abnormality of mind • Excessive self-defence • Neuropsychological assessment • Superior intellect • Impaired executive function

  5. R v McCann • Jury trial • Found not guilty of murder • Guilty of manslaughter

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