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Rex v Pritchard; 21 Mar 1836

References: [1836] 7 C & P 303, [1836] EngR 540, (1836) 7 Car & P 303, (1836) 173 ER 135
Links: Commonlii
Coram: Alderson B
Ratio: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 plead, which they found in the affirmative, and the prisoner, by a sign, pleaded Not guilty The Judge then ordered the jury to be sworn to try whether the prisoner was ‘now sane or not’; and on this question, his Lordship directed the jury to consider whether the prisoner had sufficieut intellect to comprehend the course of the proceedings, so as to make a proper defence, to challenge any juror he might wish to object to, and to comprehend the details of the evldence, and that if they thought he had not, they should find him not of sane mind. The jury did so, and the Judge ordered the prisoner to be detained.
The court stated the test for whether a defendant was fit to plead. Alderson B said: ‘There are three points to be enquired into:- first, whether the prisoner is mute of malice or not; secondly, whether he can plead to the indictment or not; thirdly, whether he is of sufficient intellect to comprehend the course of the proceedings in the trial so as to make a proper defence – to know that he might challenge any of you [the jury] to whom he may object – and to comprehend the details of the evidence, which in a case of this nature must constitute a minute investigation.”
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Last Update: 21-Jul-16
Ref: 251549

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