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.
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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.
ASSESSMENT OF COMPLAINANT’S MENTAL CAPACITY BURDEN OF PROOF CONSENT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A EXPERT WITNESSES MENTAL CAPACITY MENTAL CAPACITY ACT 2005 s.2 MENTAL HEALTH PERSONS LACKING CAPACITY s.1 s.1(2) s.2(1) s.2(4) s.30 s.30(2)(a) s.31 s.31(2)(a) s.32 s.32(2)(a) s.33 s.33(2)(a) s.4 s.4(5) s.42 s.44 s.74 s.75 s.76 SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.3 SEXUAL OFFENCES INVOLVING PROOF OF LACK OF CONSENT STANDARD OF PROOF
Where an accused convicted of indecent assault of a man had mistakenly been charged under the Sexual Offences Act 1956 s.14(1) instead of s.15(1) and had been found unfit to stand trial under the Criminal Procedure (Insanity) Act 1964 s.4A, the conviction was unsafe. Section 4A clearly stated that the jury had to be satisfied that the accused had done the act charged. Even though the indictment particulars were accurate, the actus reus of indecent assault on a woman could not be established by an indecent assault on a man.
ACCUSED MISTAKENLY CHARGED WITH INDECENT ASSAULT OF WOMAN ACCUSED UNFIT TO STAND TRIAL FOR INDECENT ASSAULT OF MAN ACTUS REUS OF INDECENT ASSAULT OF WOMAN NOT ESTABLISHED BY INDECENT ASSAULT OF A MAN. BAD CHARACTER CRIMINAL APPEAL ACT 1968 s.15 CRIMINAL PROCEDURE CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A FITNESS TO PLEAD INDECENT ASSAULT JURY DIRECTIONS MISTAKE RETRIALS s.15(1) s.16 s.16(1)(b) s.16(4) s.161 s.3 s.4 s.41 s.4A(2) s.4A(2)(b) s.5 SEXUAL OFFENCES ACT 1956 s.14(1) SUMMING UP UNSAFE CONVICTIONS
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