Posted on December 12, 2008 by norman baird
“The Court of Criminal Appeal certified that their decision in dismissing the Appellant’s appeal involved two points of law of general public importance. The first was ” whether, his plea of insanity having been rejected by ” the jury, it was open to the accused to rely upon a defence of automatism “. This raises [...]
Filed under: Automatism, Case link, Defences, Insanity | Leave a Comment »
Posted on December 12, 2008 by norman baird
“What are the relevant characteristics of the accused to which the jury should have regard in considering the second objective test in duress. This question has given rise to considerable difficulty in recent cases. It seems clear that age and sex are, and physical health or disability may be, relevant characteristics. But beyond that it [...]
Filed under: Defences, Duress, Sexual offences | Leave a Comment »