VULNERABLE DEFENDANTS

December 21, 2018

The conviction of a vulnerable adult with a severe learning disability for the offence of sexual activity by a care worker with a person with a mental disability was unsafe, and was accordingly quashed, where inadequate consideration had been given to his learning disability in the course of the trial. Fresh psychological evidence demonstrated that he would have had difficulty in dealing with leading questions asked in cross-examination, and that might have left the jury with a false impression.

CRIMINAL APPEAL ACT 1968 s.23(2)(b) CRIMINAL EVIDENCE CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2015 Pt 19 r.19.6(2)(b) FRESH EVIDENCE JURY DIRECTIONS LEARNING DISABLED PERSONS MEDICAL EVIDENCE MENTALLY DISORDERED PERSONS SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.38 SOCIAL CARE WORKERS VULNERABLE DEFENDANTS

July 31, 2013

The Appeal Division of the Isle of Man had been entitled to conclude that an autistic man’s conviction for sexual assault was safe. The expert evidence adduced by the offender about his condition did not lead to a different conclusion because the evidence, as a whole, supported conviction.

AUTISTIC SPECTRUM DISORDER CREDIBILITY CRIMINAL PROCEDURE ISLE OF MAN SEXUAL ASSAULT SUFFICIENCY OF EVIDENCE UNSAFE CONVICTIONS VULNERABLE DEFENDANTS WEIGHT OF EVIDENCE WHETHER PROCEDURAL SAFEGUARDS SUFFICIENT TO PROTECT AUTISTIC DEFENDANT ACCUSED OF SEXUAL ASSAULT

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