R v Pritchard

JurisdictionEngland & Wales
Judgment Date21 March 1836
Date21 March 1836
CourtCourt of the King's Bench

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57 cases
  • R v Weekes (Stephen)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 18 February 1999
    ... ... Here they had accepted that. We accept the convenience of such a straightforward test and the court in Straw proceeded on that basis. We are not persuaded that a rigid application of the test of fitness to plead as formulated by Alderson B 150 years ago in R v Pritchard (1836) 7 C&P 303 and accepted by the courts ever since is necessarily and in all cases the conclusive answer to the question whether new evidence should be admitted. In many cases it will be ... 42 In Borthwick after referring to the opinions expressed by two doctors ... ...
  • R v Podola
    • United Kingdom
    • Court of Appeal
    • Invalid date
    ... ... Accordingly, the trial judge's direction as to the onus of proof on the preliminary issue was right (post, p. 729 ) ... Rex v. Dyson ( 1831 ) 7 C. & P. 305 ; Rex v. Pritchard ( 1836 ) 7 C. & P. 303 ; Reg. v. Turton ( 1854 ) 6 Cox C.C. 385 , and Russell v. H.M. Advocate, 1946 S.C.(J.) 37 approved ... Ley's case ( 1828 ) 1 Lewin 239 , Reg. v. Davies ( 1853 ) 3 C. & K. 328 ; and Reg. v. Sharp (1959) post, p. 735 ; [ 1958 ] 3 ... ...
  • DPP (Murphy) v PT
    • Ireland
    • High Court
    • 1 January 1999
    ...[1994] 3 I.R. 246, applied. Rex v. DysonENR 7 C.& P. 305n; Rex v. Governor of Stafford PrisonELR [1909] 2 K.B. 81; Rex v. PritchardENR 7 C.& P. 303; The Queen v. BerryELR (1876) 1 Q.B.D. 447, followed. 2. That the Board was a guardian of the accused under s. 131 of the Children Act, 1908 an......
  • R v Berry
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 27 June 1977
    ...questions put to witnesses called to give evidence upon the issue of the defendant's disability are based upon the test enunciated in R. v. Pritchard (reported in 1836 7C & P, 303) and deal with whether the defendant has sufficient intellect to instruct his solicitor and counsel, to pl......
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14 books & journal articles
  • The interpretation and application of the right to effective participation
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 22-4, October 2018
    • 1 October 2018
    ...n. 26 at [18]; CPS vP[2007] EWHC 946 (Admin) at [51].62. See n. 47. The original test of fitness to plead is set out in RvPritchard (1836) 7 C & P 303.63. RvM (John), n. 47 at [20].Owusu-Bempah implicit in the right to effective participation, despite the lack of clarity as to what it entai......
  • Table of Cases
    • Canada
    • Irwin Books Fitness to Stand Trial. Fairness First and Foremost
    • 22 June 2018
    ...R v Pollard, [2007] OJ No 615 (Ct J) ......................................................................... 141, 211 R v Pritchard (1836), 7 Car & P 303, 173 ER 135 ...........6, 21, 47, 51, 52, 74, 185, 186, 217, 219 R v Proctor, [1993] MJ No 525 (QB) .........................................
  • Unfitness to Plead and the Overlap with Doli Incapax: An Examination of the Law Commission's Proposals for a New Capacity Test
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 75-5, October 2011
    • 1 October 2011
    ...test of lack of decision-35 As has been seen above, her Ladyship opined obiter that the defence of doli incapaxcontinued to exist.36 (1836) 7 C & P 303.37 (2004) 40 EHRR 121.38 In accordance with Art. 6 of the European Convention on Human Rights.39 [2005] EWHC 2583 (Admin).40 Ibid. at [7].4......
  • Unfitness to stand trial and the indefinite detention of persons with cognitive disabilities in Australia: human rights challenges and proposals for change.
    • Australia
    • Melbourne University Law Review Vol. 40 No. 3, April - April 2017
    • 1 April 2017
    ...4(1), pt 2; Criminal Law (Mentally Impaired Accused) Act 1996 (WA) pt 3. (35) [1958] VR 45, 48 (Smith J). (36) (1836) 7 C & P 303, 304; 173 ER 135, 135 (Alderson (37) Kesavarajah v The Queen (1994) 181 CLR 230, 245 (Mason CJ, Toohey and Gaudron JJ). (38) Crimes Act 1900 (ACT) s 311; Cri......
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