AG v Coelho [2021] JRC 305 (07 December 2021)

AG v Coelho [2021] JRC 305 (07 December 2021)

Both psychiatric experts concluded the Defendant was incapable of participating effectively in proceedings due to enduring cognitive impairment and mental disorder, and special measures would not alleviate incapacity. No treatment or guardianship order would be appropriate, leaving unconditional release as the only viable option.

Citation
[2021] JRC 305
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 December 2021
Procedural Posture
Criminal / Incapacity Determination and Disposal
Outcome
Defendant released unconditionally
Legal Topics
Incapacity, Mental Disorder, Disposal Options, Guardianship, Treatment Orders
Criminal Law Mental Health Law Incapacity Mental Disorder Disposal Options Guardianship Treatment Orders

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Incapacity Determination and Disposal

Legal Issues

  1. 1 Whether the Defendant is incapable of participating effectively in proceedings due to mental disorder
  2. 2 Appropriate disposal of the case under the Mental Health (Jersey) Law 2016

Ratio Decidendi

Both psychiatric experts concluded the Defendant was incapable of participating effectively in proceedings due to enduring cognitive impairment and mental disorder, and special measures would not alleviate incapacity. No treatment or guardianship order would be appropriate, leaving unconditional release as the only viable option.

Court Disposition

Defendant released unconditionally

Orders

  • Defendant to return to family home with support from Brain Injury Service and Adult Social Work Team