R v $ritc%ard ,;<+B *,;<+B *
CDP <-<
CDP <-<
• The defendant (as deaf and #/te& Alderson F setThe defendant (as deaf and #/te& Alderson F set
the test to appl% in de!iding 8tness to plead4 the test to appl% in de!iding 8tness to plead4
• YThere are three points to $e en./iYThere are three points to $e en./ired into4: 8rst)red into4: 8rst)
(hether the prisoner is #/te of #ali!e or notM (hether the prisoner is #/te of #ali!e or notM se!ondl%
se!ondl%) (hether he !an pl) (hether he !an plead to the indi!t#ent oread to the indi!t#ent or notM thirdl%
notM thirdl%) (hether he is of ) (hether he is of s/!ient intelle!t tos/!ient intelle!t to !o#prehend the !o/rse of the pro!eedings in the !o#prehend the !o/rse of the pro!eedings in the trial so as to #a6e a proper defen!e : to 6no( that trial so as to #a6e a proper defen!e : to 6no( that he #ight !hallenge an% of %o/ to (ho# he #a% he #ight !hallenge an% of %o/ to (ho# he #a% o$3e!t : and to !o#prehend the details of the o$3e!t : and to !o#prehend the details of the eviden!e) (hi!h in a !ase of this nat/re #/st eviden!e) (hi!h in a !ase of this nat/re #/st !onstit/te a #in/te investigation&Y
• The 3/r% (ere dire!ted that thereThe 3/r% (ere dire!ted that there
(ere to 8nd hi# /n8t to plead if (ere to 8nd hi# /n8t to plead if in their opinion there (as no
in their opinion there (as no !ertain #ode of
!ertain #ode of !o##/ni!ating!o##/ni!ating the details of the trial to the
the details of the trial to the
prisoner) so that he !o/ld !learl% prisoner) so that he !o/ld !learl% /nderstand the#) and $e a$le /nderstand the#) and $e a$le properl% to #a6e his defen!e to properl% to #a6e his defen!e to the !harge
Antoine v &K
Antoine v &K : +5+--- U5--< ECJR : +5+--- U5--< ECJR *-
*- -uro%ean (ourt of Human Rights • Antoine aged ,+ (as !harged (ith anAntoine aged ,+ (as !harged (ith an
o2en!e relating to ta6ing part in the 6illing o2en!e relating to ta6ing part in the 6illing of a ,> %ear
of a ,> %ear old $o%old $o%& The 6illing $% & The 6illing $% sta$$ingsta$$ing had $een !o##itted as a sa!ri8!e to the had $een !o##itted as a sa!ri8!e to the devil& It had $een !arried o/t $% another devil& It had $een !arried o/t $% another (ho pleaded g/ilt% to #ansla/ghter on the (ho pleaded g/ilt% to #ansla/ghter on the gro/nds of
gro/nds of di#inished responsi$ilit%di#inished responsi$ilit%& After& After hearing #edi!al eviden!e fro# three
hearing #edi!al eviden!e fro# three ps%!hiatrists) the trial 3/dge (ith the ps%!hiatrists) the trial 3/dge (ith the
s/pport of $oth !o/nsel for prose!/tion and s/pport of $oth !o/nsel for prose!/tion and defen!e) dire!ted the 3/r% to 8nd the
defen!e) dire!ted the 3/r% to 8nd the appli!ant (as /n8t to plead&&
• A se!ond 3/r% (as e#panelled for a s&?AA se!ond 3/r% (as e#panelled for a s&?A
hearing) /nder Cri#inal Pro!ed/re Insanit%B hearing) /nder Cri#inal Pro!ed/re Insanit%B A!t ,+?) to deter#ine (hether the
A!t ,+?) to deter#ine (hether the defendant had !o##itted the
defendant had !o##itted the actus reusactus reus of of the !ri#e of (hi!h he (as a!!/sed& The 3/r% the !ri#e of (hi!h he (as a!!/sed& The 3/r% fo/nd that he had !o##itted the o2en!e fo/nd that he had !o##itted the o2en!e and the 3/dge #ade an order that he (o/ld and the 3/dge #ade an order that he (o/ld $e !o##itted to hospital (itho/t li#it of $e !o##itted to hospital (itho/t li#it of ti#e& Antoine appealed on the gro/nds that ti#e& Antoine appealed on the gro/nds that he sho/ld have $een allo(ed the defen!e of he sho/ld have $een allo(ed the defen!e of di#inished responsi$ilit% at the s&?A
di#inished responsi$ilit% at the s&?A hearing
• Also that there (as a $rea!h of Arti!le + D < of theAlso that there (as a $rea!h of Arti!le + D < of the
Convention as d/e to his #ental !ondition) he (as /na$le to Convention as d/e to his #ental !ondition) he (as /na$le to parti!ipate e2e!tivel% in the hearing& Je also !lai#ed
parti!ipate e2e!tivel% in the hearing& Je also !lai#ed $rea!h of Art + in that the hearing (o/ld not deter#ine $rea!h of Art + in that the hearing (o/ld not deter#ine !on!l/sivel% his !ri#inal lia$ilit% and he !o/ld $e tried f/ll% !on!l/sivel% his !ri#inal lia$ilit% and he !o/ld $e tried f/ll% for the !ri#e at an% ti#e in the f/t/re& Je also !o#plains for the !ri#e at an% ti#e in the f/t/re& Je also !o#plains /nder Arti!le < of the Convention of living /nder the threat /nder Arti!le < of the Convention of living /nder the threat of a f/rther prose!/tion and the
of a f/rther prose!/tion and the di!/lties this poses to hisdi!/lties this poses to his reha$ilitation as he !annot !o:operate (ith those
reha$ilitation as he !annot !o:operate (ith those responsi$le for his !are for fear that an%thing that
responsi$le for his !are for fear that an%thing that he sa%she sa%s a$o/t the events #
a$o/t the events #a% $e /sed in eviden!e against hi#& Jea% $e /sed in eviden!e against hi#& Je !lai#s that his ongoing hospital detention /nder these !lai#s that his ongoing hospital detention /nder these !onditions a#o/nts to a denial of his right to
!onditions a#o/nts to a denial of his right to li$ert% andli$ert% and se!/rit% of person /nder Arti!le > and a
se!/rit% of person /nder Arti!le > and also infringes Arti!lelso infringes Arti!le + D 5 of the Convention&
• Jeld4Jeld4
The !o/rt /nani#o/sl% fo/nd that the appli!ation The !o/rt /nani#o/sl% fo/nd that the appli!ation (as #anifestl% ill fo/nded&
(as #anifestl% ill fo/nded&
The s&?A hearing !o/ld not lead to a
The s&?A hearing !o/ld not lead to a !ri#inal!ri#inal !onvi!tion and (as therefore o/tside the s!ope !onvi!tion and (as therefore o/tside the s!ope of Arti!le +& S/!h hearings are designed as a of Arti!le +& S/!h hearings are designed as a
prote!tive #e!hanis# for the a!!/sed to prevent prote!tive #e!hanis# for the a!!/sed to prevent an order (here there is no eviden!e that the% an order (here there is no eviden!e that the% have in fa!t !o##itted an%
have in fa!t !o##itted an% o2en!e& A hospitalo2en!e& A hospital order #a% involve the loss of li$ert% $/t is not order #a% involve the loss of li$ert% $/t is not regarded as a #e!hanis# of
<& Insanit% at the ti#e of the o2en!e <& Insanit% at the ti#e of the o2en!e
• The ./estion of insanit% at theThe ./estion of insanit% at the
ti#e of the o2en!e is deter#ined ti#e of the o2en!e is deter#ined $% appli!ation of the
$% appli!ation of the '()a*%ten'()a*%ten rules
'()a*%ten
'()a*%ten U,;?< KJLU,;?< KJL
7,+
7,+
House of Lords•
@aniel Naghten atte#pted to 6ill the Pri#e @aniel Naghten atte#pted to 6ill the Pri#e inister) Sir Ro$ert Peel) $/t instead shot and inister) Sir Ro$ert Peel) $/t instead shot and 6illed Ed(ard @r/##ond) the Pri#e
6illed Ed(ard @r/##ond) the Pri#e inistersinisters Se!retar%& Naghten (as s/2ering fro# insane Se!retar%& Naghten (as s/2ering fro# insane del/sions at the ti#e of the 6illing& The Jo/se of del/sions at the ti#e of the 6illing& The Jo/se of Lords for#/lated the Naghten r/les (hi!h
Lords for#/lated the Naghten r/les (hi!h appl% in deter#ining (hether a person sho/ld appl% in deter#ining (hether a person sho/ld es!ape !ri#inal lia$ilit
es!ape !ri#inal lia$ilit% on % on the gro/nds of $eingthe gro/nds of $eing insane&
• Lord Tindal C74Lord Tindal C74
• YIn all !ases of this 6ind the YIn all !ases of this 6ind the 3/rors o/ght to $e told3/rors o/ght to $e told that ever% #an is pres/#ed to $e sane) and
that ever% #an is pres/#ed to $e sane) and toto possess a s/!ient degree of reason to
possess a s/!ient degree of reason to $e$e responsi$le for his !ri#es) /ntil the
responsi$le for his !ri#es) /ntil the !ontrar% $e!ontrar% $e proved to their satisfa!tion4 and that to esta$lish a proved to their satisfa!tion4 and that to esta$lish a defen!e on the gro/nd of insanit%) it #/st $e !learl% defen!e on the gro/nd of insanit%) it #/st $e !learl% proved that at the ti#e of !o##iting the a!t the proved that at the ti#e of !o##iting the a!t the part% a!!/sed (as la$o/ring /nder s/!h a defe!t of part% a!!/sed (as la$o/ring /nder s/!h a defe!t of reason) fro# disease of the #ind) as not to 6no( the reason) fro# disease of the #ind) as not to 6no( the nat/re and ./alit% of the a!t he (as doing) or as not nat/re and ./alit% of the a!t he (as doing) or as not to 6no( that (hat he (as doing (as (rong&Y
to 6no( that (hat he (as doing (as (rong&Y •
• nder thender the '()a*%ten rules'()a*%ten rules) it #/st $e esta$lished that at the) it #/st $e esta$lished that at the
ti#e of the o2en!e the defendant (as s/2ering fro#4 ti#e of the o2en!e the defendant (as s/2ering fro#4
• • • •
iB& A defe!t of reason iB& A defe!t of reason
•
• iiB& The defe!t of reason #/st $e !a/sed $% a disease of theiiB& The defe!t of reason #/st $e !a/sed $% a disease of the
#ind #ind
•
• iiiB& The defe!t of reason #/st $e s/!h that the defendant didiiiB& The defe!t of reason #/st $e s/!h that the defendant did
not 6no( (ha
not 6no( (hat he (as doit he (as doing orng or) if he ) if he did 6no() he did notdid 6no() he did not 6no( the a!t (as (rong&
6no( the a!t (as (rong&
• •