AG -v- Kean [2017] JRC 164 (09 October 2017)
The defendant was found unfit to plead and stand trial on the balance of probabilities, applying the test in O'Driscoll, based on unanimous expert evidence of severe mental disorder and inability to participate effectively in the proceedings.
- Citation
- [2017] JRC 164
- Parties
- Prosecution: Attorney General; Defendant: Defendant
- Jurisdiction
- Jersey
- Judgment Date
- 09 October 2017
- Procedural Posture
- Criminal / Determination of Fitness to Plead Prior to Trial
- Outcome
- Defendant found unfit to plead and stand trial; detained during Her Majesty's pleasure; prosecution stayed until further order.
- Legal Topics
- Fitness to Plead, Insanity, Criminal Procedure, Detention During Her Majesty's Pleasure
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Prosecution
Defendant
Defendant
Procedural Posture
Criminal / Determination of Fitness to Plead Prior to Trial
Legal Issues
- 1 Whether the defendant is unfit to plead and stand trial due to mental disorder
- 2 What is the applicable burden and standard of proof when the issue is raised by the court or amicus curiae
Ratio Decidendi
The defendant was found unfit to plead and stand trial on the balance of probabilities, applying the test in O'Driscoll, based on unanimous expert evidence of severe mental disorder and inability to participate effectively in the proceedings.
Court Disposition
Defendant found unfit to plead and stand trial; detained during Her Majesty's pleasure; prosecution stayed until further order.
Orders
- Defendant to be detained during Her Majesty's pleasure.
- Prosecution of the defendant stayed until further order.
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