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R v McCann

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:

ariel-doyle
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R v McCann

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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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