The defendant appealed against her conviction for theft (shop-lifting). She had placed goods in the wire basket whilst in the supermarket, but transferred some of them to her own bag before approaching the checkout. She denied the intent to steal, citing a medical condition and stressful circumstances. She brought medical experts to support her case, but the judge pressed them as to their evidence, and eventually suggested that he would direct the jury that this was in effect a plea of not guilty by reason of insanity, and directed them as to the McNaughton rules. The defendant was advised to plead guilty.
Held: The appeal succeeded. The judge had mis-stated the law. The medical evidence was to the effect that it was absurd to call anyone in Mrs. Clarke’s condition insane.
Lord Widgery LCJ, Sachs LJ, Ackner J
[1972] 1 All ER 219, (1971) 56 Cr App Rep 225, (1971) 136 JP 184, [1971] EWCA Crim 5
Bailii
England and Wales
Crime
Updated: 28 December 2021; Ref: scu.249926