AG -v- C [2018] JRC 097 (01 June 2018)

AG -v- C [2018] JRC 097 (01 June 2018)

The defendant, due to a combination of chronic epilepsy, severe anxiety, avoidant personality disorder, and borderline intellectual functioning, is unable to participate effectively in proceedings, understand the nature of the trial, instruct his lawyer, or make rational decisions, especially under stress and during or after seizures. The court is satisfied on the balance of probabilities that the defendant is unfit to plead.

Citation
[2018] JRC 097
Parties
Defendant: The Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
01 June 2018
Procedural Posture
Criminal / Fitness to Plead Determination
Outcome
Defendant found unfit to plead.
Legal Topics
Fitness to Plead, Insanity, Capacity to Participate in Proceedings
Criminal Law Mental Health Law Fitness to Plead Insanity Capacity to Participate in Proceedings

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Fitness to Plead Determination

Legal Issues

  1. 1 Whether the defendant is fit to plead and participate effectively in criminal proceedings

Ratio Decidendi

The defendant, due to a combination of chronic epilepsy, severe anxiety, avoidant personality disorder, and borderline intellectual functioning, is unable to participate effectively in proceedings, understand the nature of the trial, instruct his lawyer, or make rational decisions, especially under stress and during or after seizures. The court is satisfied on the balance of probabilities that the defendant is unfit to plead.

Court Disposition

Defendant found unfit to plead.