Harding v Att. Gen. [2010] JLR 239 (18 May 2010)
The applicable test for fitness to plead is whether the accused is unable to understand and participate actively in proceedings due to insanity.
- Citation
- [2010] JLR 239
- Parties
- Accused: Harding; Respondent: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 18 May 2010
- Procedural Posture
- Criminal / Fitness to Plead Determination
- Outcome
- Determination of fitness to plead under statutory test
- Legal Topics
- Fitness to Plead, Insanity
Case Brief
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Parties
Harding
Accused
Attorney General
Respondent
Procedural Posture
Criminal / Fitness to Plead Determination
Legal Issues
- 1 Whether the accused is unfit to plead by reason of insanity under the Criminal Justice (Insane Persons) (Jersey) Law 1964, art. 1(1)
Ratio Decidendi
The applicable test for fitness to plead is whether the accused is unable to understand and participate actively in proceedings due to insanity.
Court Disposition
Determination of fitness to plead under statutory test
Full Case Text
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