Pender v Director of Public Prosecutions

Pender v Director of Public Prosecutions

The only reasonable conclusion from the unchallenged psychiatric evidence was that the appellant lacked capacity to comply with the ASBO due to his mental disorder and addiction; the lower court failed to provide any factual basis for its contrary finding, rendering the order unsustainable.

Source-derived case information.

Parties
Claimant: Pender; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; ASBO quashed.
Legal Topics
Asbos, Capacity to Comply, Begging Offences, Mental Disorder and Criminal Responsibility
Criminal Law Mental Health Law Asbos Capacity to Comply Begging Offences Mental Disorder and Criminal Responsibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

Pender

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an ASBO should be made against a defendant incapable of complying due to mental disorder and addiction
  2. 2 Whether the lower court erred in finding the appellant had capacity to comply with the ASBO

Ratio Decidendi

The only reasonable conclusion from the unchallenged psychiatric evidence was that the appellant lacked capacity to comply with the ASBO due to his mental disorder and addiction; the lower court failed to provide any factual basis for its contrary finding, rendering the order unsustainable.

Court Disposition

Appeal allowed; ASBO quashed.

Orders

  • The ASBO imposed on the appellant is quashed.