R v Martin Burke

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeLord Justice Aikens
Judgment Date20 April 2012
Neutral Citation[2012] EWCA Crim 770
Docket NumberCase No: 2011/4004/B3,2011/4004/B3

To continue reading

Request your trial
3 cases
  • Marc Martin Wells, Sarfraz Masud, Susan Hone, Tony Nicholas Alan Kail v R
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 20 January 2015
    ...which this defendant had at the time.’ 14. The second example is nearer to the facts of some of the present applications. R v B (M)MHLR[2015] MHLR 105, [2012] 2 CrAppR 15 at p164 concerned the offence of voyeurism in a s4A(2) hearing following a determination of unfitness to plead by a defe......
  • R v Wells & others
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 22 July 2015
  • The Queen v Y
    • New Zealand
    • Court of Appeal
    • 5 October 2012
    ...[17]. 15 At [18], citing Bruce Robertson (ed) Adams on Criminal Law (online looseleaf ed, Brookers) at [CA212]. 16 See generally R v B [2012] EWCA Crim 770, [2012] 3 All ER 1093, which deals with s 67(1) 17 At [27]. 18 Above at [11]. 134(2)(b) of the Crimes Act 1961. It is common ground be......
3 books & journal articles
  • Unfitness to Plead and the Trial of Facts: A Critical Review of the Law Commission's Proposals and the Decision in R v MB
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 76-5, October 2012
    • 1 October 2012
    ...Review 173.5 Law Commission, Unf‌itness to Plead, Law Com. Consultation Paper No. 197 (2010)(hereafter ‘LCCP’), para. 6.70.6Rv MB [2012] EWCA Crim 770, [2012] 2 Cr App R 15.421The Journal of Criminal Law (2012) 76 JCL mens rea, and this article will place particular emphasis on the diff‌icu......
  • High Court
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 82-1, February 2018
    • 1 February 2018
    ...2 Cr App R 12 at [12]). Of late, there has been an increase inoffences that amalgamate the mental element into the actus reus (see B[2012] EWCA Crim 770, [2013]1 WLR 499); this presents obvious difficulties in cases when a defendant raises a plea of not guilty byreason of insanity. Case law......
  • Unfitness to Plead: Expanding the Scope of ‘Objective Evidence’ on the ‘Trial of the Facts’
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 79-3, June 2015
    • 1 June 2015
    ...the court referred to the well-known, controversial cases of R (Young) vCentral Criminal Court[2002] 2 Cr App R 12 and RvMB [2012] EWCA Crim 770.In Young the accused was charged with dishonestly concealing material facts contrary to s.47 of theFinancial Services Act 1986 and was found unfit......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT