Loake v Crown Prosecution Service [2017] EWHC 2855 (Admin) (16 November 2017)

Loake v Crown Prosecution Service [2017] EWHC 2855 (Admin) (16 November 2017)

The defence of insanity is available to a defendant charged with harassment contrary to section 2(1) of the Protection from Harassment Act 1997. The M'Naghten Rules apply to all criminal offences unless expressly excluded. The objective standard in section 1(2) PFHA does not displace the general availability of the insanity defence, which is not limited to negating mens rea but also applies where the defendant, due to disease of the mind, does not know the nature and quality of the act or that it is wrong.

Citation
[2017] EWHC 2855 (Admin)
Parties
Appellant: Aline Loake; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 November 2017
Procedural Posture
Case Stated Appeal (criminal) / High Court Administrative Court Appeal From Crown Court
Outcome
Appeal allowed; case remitted for re-determination
Legal Topics
Insanity Defence, Harassment, Objective Mens Rea, Protection From Harassment Act 1997
Criminal Law Mental Health Law Insanity Defence Harassment Objective Mens Rea Protection From Harassment Act 1997

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Aline Loake

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Case Stated Appeal (criminal) / High Court Administrative Court Appeal From Crown Court

Legal Issues

  1. 1 Is the defence of insanity available to a charge of harassment contrary to section 2(1) of the Protection from Harassment Act 1997?

Ratio Decidendi

The defence of insanity is available to a defendant charged with harassment contrary to section 2(1) of the Protection from Harassment Act 1997. The M'Naghten Rules apply to all criminal offences unless expressly excluded. The objective standard in section 1(2) PFHA does not displace the general availability of the insanity defence, which is not limited to negating mens rea but also applies where the defendant, due to disease of the mind, does not know the nature and quality of the act or that it is wrong.

Court Disposition

Appeal allowed; case remitted for re-determination

Orders

  • The case is remitted to the Crown Court for a re-determination of the appellant's appeal against conviction pursuant to section 28A(3)(b) of the Senior Courts Act 1981.