The evidence suggested that the defendant had a complete understanding of the legal proceedings in which he was involved but, also that, through mental illness, he had suffered delusions which may have effected his ability ‘properly’ to conduct his defence, acting otherwise than in his own best interests. There had been a finding of disability before arraignment, and he now submitted that he should have been tried.
Held: He was fit to plead. The fact that a defendant through delusion might not act in his own best interests does not make him unfit to plead: ‘On the evidence here [he] appears to have had a complete understanding of the legal proceedings and all that is involved and, although he suffers from delusions which at any moment might interfere with a proper action on his part, that is not a matter which should deprive him of his right of being tried.’
The test on Pritchard had ‘been confirmed and followed over and over again’ as appropriate to the general issue of fitness to be tried.
Judges:
Lord Parker CJ
Citations:
(1968) 52 Cr App R 690, [1968] 3 All ER 557, [1968] 1 WLR 1767
Jurisdiction:
England and Wales
Citing:
Confirmed – Rex v Pritchard 21-Mar-1836
A person, deaf and dumb, was to be tried for a capital felony the Judge ordered a Jury to be impanneled, to try whether he was mute by the visitation of God, the jury found that he was so. The jury were then sworn to try whether he was able to . .
Cited by:
Cited – Taitt v The State PC 8-Nov-2012
(Trinidad and Tobago) The defendant sought leave to appeal against his conviction for murder, with the death penalty mandatory sentence. He was of severely low intelligence.
Held: The appeal against conviction would not be allowed. Settled law . .
Cited – John M, Regina v CACD 14-Nov-2003
The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the . .
Cited – John M, Regina v CACD 14-Nov-2003
The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 May 2022; Ref: scu.465695
