A woman who was an alcoholic drank a huge amount then strangled her 11 year old daughter.
The judge directed the jury that if she had chosen to drink, as opposed to this being an inescapable compulsion, then diminished responsibility was not open to her.
There was some evidence that she was able to exercise a choice, e.g. she stopped drinking before her supply of vodka was exhausted and the jury convicted her of murder.
She was able to exercise a choice and was therefore not suffering abnormality of the mind at time of strangulation (she had chosen to drink a stronger drink than usual + she had stopped drinking before finishing the bottle of vodka. The medical evidence at the trial did not suggest craving for alcohol.
Appeal dismissed.
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