Att. Gen. v Prior [2001] JLR 146 (09 February 2001)

Att. Gen. v Prior [2001] JLR 146 (09 February 2001)

A person is considered insane under Jersey law if, at the time of the offence, their unsoundness of mind so affected their behaviour that the jury considers they should not be held criminally responsible; the accused bears the burden of proving insanity, rebutting the presumption of sanity.

Citation
[2001] JLR 146
Parties
Applicant: Attorney General; Respondent: Prior
Jurisdiction
Jersey
Judgment Date
09 February 2001
Procedural Posture
Criminal / Appellate
Legal Topics
Insanity, Burden of Proof, Criminal Responsibility
Criminal Law Insanity Burden of Proof Criminal Responsibility

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Parties

Attorney General

Applicant

Prior

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 Definition of insanity under Criminal Justice (Insane Persons) (Jersey) Law 1964, art. 2(1)
  2. 2 Burden of proof for insanity
  3. 3 Presumption of sanity in criminal proceedings

Ratio Decidendi

A person is considered insane under Jersey law if, at the time of the offence, their unsoundness of mind so affected their behaviour that the jury considers they should not be held criminally responsible; the accused bears the burden of proving insanity, rebutting the presumption of sanity.