ON APPEAL FROM THE CROWN COURT AT GUILDFORD
HIS HONOUR JUDGE FRASER, RECORDER OF GUILDFORD
Strand, London, WC2A 2LL |
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B e f o r e :
MRS JUSTICE CUTTS
and
HIS HONOUR JUDGE LUCRAFT QC, RECORDER OF LONDON
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REGINA |
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SANJAY NIJHAWAN |
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Sally O'Neill QC (instructed by the Crown Prosecution Service) for the Respondent
Hearing date: 17th December 2021
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Crown Copyright ©
Lord Justice Males:
Introduction
The facts
The evidence at the trial
The evidence at sentence
The sentence
The application for leave to adduce fresh evidence
The directions hearing
The further reports
"I did not consider that Mr Nijhawan's prescribed medication was a contributory factor in this case. I consider that the offence arose out of his depressive illness coupled with the shame related to the marriage break-up and his feelings of failure associated with this. The issues related to SSRI's, impulsivity and suicidal and homicidal actions are well publicised. They are addressed in the report by Professor Fazel."
"Owing to the lack of abnormalities in Mr Nijhawan's response to the antidepressant, anxiotic and antipsychotic medication in hospital there was no evidence to suggest that his response to these medications was either a contributory factor in the prior killing, nor a risk factor for the future."
The oral evidence
The application for leave to appeal in the absence of fresh evidence
The application to adduce fresh evidence
Determination of the appeal
Disposal