AG v Ibbet [2021] JRC 314 (17 December 2021)

AG v Ibbet [2021] JRC 314 (17 December 2021)

The defendant is unfit to stand trial due to untreated mental disorder, and proceedings will not be adjourned for treatment as recovery is unlikely; the court will reconvene to determine whether the defendant committed the acts charged and consider orders under Article 59.

Citation
[2021] JRC 314
Parties
Defence: States of Jersey Health and Social Services Department; Prosecution: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
17 December 2021
Procedural Posture
Criminal / Fitness to Stand Trial Determination
Outcome
Defendant found unfit to stand trial; proceedings not adjourned for treatment; court to reconvene to determine actus reus and consider orders under Article 59.
Legal Topics
Fitness to Plead, Mental Disorder, Capacity to Participate, Special Verdicts
Criminal Law Mental Health Law Fitness to Plead Mental Disorder Capacity to Participate Special Verdicts

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 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

States of Jersey Health and Social Services Department

Defence

Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Fitness to Stand Trial Determination

Legal Issues

  1. 1 Whether the defendant is fit to stand trial under the Mental Health (Jersey) Law 2016
  2. 2 Whether proceedings should be adjourned for treatment
  3. 3 Whether a special verdict or treatment order is appropriate

Ratio Decidendi

The defendant is unfit to stand trial due to untreated mental disorder, and proceedings will not be adjourned for treatment as recovery is unlikely; the court will reconvene to determine whether the defendant committed the acts charged and consider orders under Article 59.

Court Disposition

Defendant found unfit to stand trial; proceedings not adjourned for treatment; court to reconvene to determine actus reus and consider orders under Article 59.

Orders

  • Court to reconvene on 3rd February 2022 to determine whether defendant committed the acts charged.
  • Up-to-date medical reports ordered for consideration of disposal under Article 59, including possible treatment order.