Where a defendant had been insane at the time of a burglary but was fit at the time of trial a court examining his actions under the Act was required to look only to the actions and need not enquire as to the presence of any mental element.
Judges:
Judge LJ
Citations:
Times 10-May-1999, Gazette 12-May-1999, [1999] 3 WLR 1194, [1999] EWCA Crim 835, [1999] 2 Cr App 214, (1999) 49 BMLR 124, [2000] QB 401, [1999] 3 All ER 40, [1999] Crim LR 986
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 October 2022; Ref: scu.157235
