AG v Harding [2009] JRC 198 (16 October 2009)

AG v Harding [2009] JRC 198 (16 October 2009)

The defendant's severe Borderline Personality Disorder, as evidenced by both psychiatric experts, substantially impaired her capacity to participate effectively in her trial over its likely duration. The Jurats, applying the O'Driscoll test and on a balance of probabilities, found her unfit to plead under Article 1 of the 1964 Law.

Citation
[2009] JRC 198
Parties
Defendant: Miss Harding; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
16 October 2009
Procedural Posture
Criminal / Fitness to Plead Hearing Before the Superior Number of the Royal Court
Outcome
Defendant found unfit to plead to the accusation under Article 1 of the Criminal Justice (Insane Persons)(Jersey) Law 1964.
Legal Topics
Fitness to Plead, Insanity, Criminal Responsibility, Mental Disorder, Procedure for Unfit Defendants
Criminal Law Mental Health Law Fitness to Plead Insanity Criminal Responsibility Mental Disorder Procedure for Unfit Defendants

Case Brief

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Parties

Miss Harding

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Fitness to Plead Hearing Before the Superior Number of the Royal Court

Legal Issues

  1. 1 Whether the defendant is unfit to plead under Article 1 of the Criminal Justice (Insane Persons)(Jersey) Law 1964
  2. 2 Interpretation and application of the legal test for unfitness to plead in Jersey
  3. 3 Appropriate burden and standard of proof for unfitness to plead

Ratio Decidendi

The defendant's severe Borderline Personality Disorder, as evidenced by both psychiatric experts, substantially impaired her capacity to participate effectively in her trial over its likely duration. The Jurats, applying the O'Driscoll test and on a balance of probabilities, found her unfit to plead under Article 1 of the 1964 Law.

Court Disposition

Defendant found unfit to plead to the accusation under Article 1 of the Criminal Justice (Insane Persons)(Jersey) Law 1964.

Orders

  • Proceedings stayed pending further order or disposition as provided by law for unfit defendants.