R v Stables

The matter before the court was an appeal against conviction and sentence for the offence of murder. The appellant, Stables, had been convicted by a judge alone without a jury of the murder of his partner. The case was heard in the Court of Criminal Appeal. The central issue for the court was whether the trial judge was correct to exclude the defence of mental illness, specifically diminished responsibility, from the jury's consideration. Stables argued that he suffered from an abnormality of mind which substantially impaired his responsibility for his actions at the time of the offence.

The court examined the legal principles governing the availability of the defence of diminished responsibility. It considered the definition of abnormality of mind and the requirement that it substantially impairs responsibility. The court noted that the trial judge had accepted expert evidence that Stables suffered from an abnormality of mind, but concluded that it did not substantially impair his responsibility. The court found that the trial judge's conclusion was open on the evidence and there was no error of law. The court held that the trial judge was correct to exclude the defence of diminished responsibility from the jury's consideration. The appeal against conviction and sentence was dismissed.

No orders were made as the appeal was dismissed. The conviction and sentence of life imprisonment with a non-parole period of 20 years stood.