[2025] EWCA Crim 1113

Fecha: 30-Jul-2025

Psychological report

Psychological report

21.

A psychological report was prepared by Dr Majid Saleem based on an examination in February 2025. In his summary of his report Dr Saleem said:

"3.4.

[The offender] achieved borderline to low average scores on the WAIS-IV. His overall level of functioning, represented by the Full-Scale IQ score, was in the borderline range, placing him in the bottom 5% of the general population. He functions at a level that is not associated with a diagnosis of intellectual disability.

3.5.

[The offender] achieved scores on the PHQ-9 and GAD-7 which would suggest that he is currently suffering from clinically significant levels of anxiety and depression.

3.6.

An IQ of 75, which falls in the borderline intellectual functioning range, can significantly impact culpability. A person with an IQ of 75 may have diminished capacity to fully understand the moral and legal wrongfulness of their actions. This does not excuse the behaviour but may reduce their culpability if their intellectual limitations played a role in their decision-making. With borderline intellectual functioning, their ability to comprehend the consequences of their actions or to foresee harm may be impaired."

Later, in expressing his conclusions, Dr Saleem said:

"10.10.

An IQ of 75 may indicate difficulty with impulse control, decision-making or understanding social norms. This might explain behaviour patterns but would not necessarily absolve responsibility unless it is significantly impaired judgment.

10.11.

The court may consider [the offender’s] borderline levels of intellectual functioning as a mitigating factor when determining sentencing. It may consider his limited cognitive abilities, poor judgment and reduced capacity to understand the consequences of his actions."