R v A (G) (2014)
The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
A jury’s findings on a trial of the facts that a defendant with severe learning difficulties who was unfit to plead had committed two offences of rape were safe, notwithstanding the fact that an extract of the defendant’s police interview had been wrongly admitted as evidence.
In determining under the Criminal Procedure (Insanity) Act 1964 s.4A(2) whether a defendant, who was unfit to stand trial, was guilty of voyeurism the jury had to be satisfied that he had deliberately observed another person doing a private act for the purpose of his own sexual gratification.