R v Pritchard
| Jurisdiction | England & Wales |
| Judgment Date | 21 March 1836 |
| Date | 21 March 1836 |
| Court | Court of the King's Bench |
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58 cases
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R v Weekes (Stephen)
... ... 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 ... ...
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DPP (Murphy) v PT
...[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......
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R v Berry
...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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R v Robertson
...test which is always referred to in these cases and which has been confirmed and followed over and over again is to be found in the case of Pritchard (7 Carrington &Payne's Eeports at page 303) in which Baron Alderson, in dealing with a deaf-mute, said this to the Jury: "There are three poi......
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15 books & journal articles
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The interpretation and application of the right to effective participation
...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......
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Table of Cases
...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) .........................................
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Unfitness to Plead and the Overlap with Doli Incapax: An Examination of the Law Commission's Proposals for a New Capacity Test
...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......
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Unfitness to stand trial and the indefinite detention of persons with cognitive disabilities in Australia: human rights challenges and proposals for change.
...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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