AG -v- Sousa [2017] JRC 053 (29 March 2017)

AG -v- Sousa [2017] JRC 053 (29 March 2017)

Based on expert evidence and the legal test from AG-v-O'Driscoll, the defendant is declared fit to plead and may stand trial.

Citation
[2017] JRC 053
Parties
Prosecution: Attorney General; Defendant: Sousa
Jurisdiction
Jersey
Judgment Date
29 March 2017
Procedural Posture
Criminal / Fitness to Plead Hearing
Outcome
Defendant declared fit to plead
Legal Topics
Fitness to Plead, Mental Health, Sodomy, Indecent Assault
Criminal Law Fitness to Plead Mental Health Sodomy Indecent Assault

Case Brief

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Parties

Attorney General

Prosecution

Sousa

Defendant

Procedural Posture

Criminal / Fitness to Plead Hearing

Legal Issues

  1. 1 Is the defendant fit to plead to charges of sodomy and indecent assault?

Ratio Decidendi

Based on expert evidence and the legal test from AG-v-O'Driscoll, the defendant is declared fit to plead and may stand trial.

Court Disposition

Defendant declared fit to plead

Orders

  • Defendant may stand trial on the counts in the Indictment