R v Martin Burke
| Jurisdiction | England & Wales |
| Judge | Lord Justice Aikens |
| Judgment Date | 20 April 2012 |
| Neutral Citation | [2012] EWCA Crim 770 |
| Docket Number | Case No: 2011/4004/B3,2011/4004/B3 |
| Court | Court of Appeal (Criminal Division) |
| Date | 20 April 2012 |
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3 cases
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Marc Martin Wells, Sarfraz Masud, Susan Hone, Tony Nicholas Alan Kail v R
...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
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The Queen v Y
...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]. of the Crimes Act 1961. It is common ground between counsel t......
3 books & journal articles
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Unfitness to Plead and the Trial of Facts: A Critical Review of the Law Commission's Proposals and the Decision in R v MB
...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......
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High Court
...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......
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Unfitness to Plead: Expanding the Scope of ‘Objective Evidence’ on the ‘Trial of the Facts’
...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......