AG v Moon 18-Mar-2021 [2021] JRC 079 (18 March 2021)

AG v Moon 18-Mar-2021 [2021] JRC 079 (18 March 2021)

The jury must determine whether the defendant carried out the act, whether he was suffering from a mental disorder at the time, and whether the disorder was of such a substantial degree that he should not be held criminally responsible; if not, the Crown must prove intentional or reckless conduct and that the...

Source-derived case information.

Citation
[2021] JRC 079
Parties
Prosecution: The Crown; Defendant: The Defendant
Jurisdiction
Jersey
Judgment Date
18 March 2021
Procedural Posture
Criminal / Post Trial Judgment
Outcome
Directions to jury recorded; leave granted for late expert evidence; procedural guidance provided.
Legal Topics
Grave and Criminal Assault, Affray, Mental Disorder Defence, Burden of Proof, Expert Evidence
Criminal Law Mental Health Law Grave and Criminal Assault Affray Mental Disorder Defence Burden of Proof Expert Evidence

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Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

The Defendant

Defendant

Procedural Posture

Criminal / Post Trial Judgment

Legal Issues

  1. 1 Whether the defendant was suffering from a mental disorder to such a substantial degree that he ought not to be held criminally responsible under Article 72 of the Mental Health (Jersey) Law 2016
  2. 2 Whether the Crown proved the elements of grave and criminal assault and affray
  3. 3 Burden and standard of proof for mental disorder defence

Ratio Decidendi

The jury must determine whether the defendant carried out the act, whether he was suffering from a mental disorder at the time, and whether the disorder was of such a substantial degree that he should not be held criminally responsible; if not, the Crown must prove intentional or reckless conduct and that the complainant was put in fear.

Court Disposition

Directions to jury recorded; leave granted for late expert evidence; procedural guidance provided.

Orders

  • Leave granted for Crown and defence experts to give evidence by video link.
  • Body worn camera footage admitted by consent under Article 64(1)(c) of Police Procedures and Criminal Evidence (Jersey) Law 2003.