The Weekly Law Reports
[2011] 1 WLR 2807
Court of Appeal
*Regina v McKenzie
[2011] EWCA Crim 1550
2011 June 9;
23
Hooper LJ, Stadlen, Sweeney JJ
Crime— Plea— Fitness to plead— Defendant charged on indictment with counts alleging indecent assault contrary to statutory provision creating offence capable of being committed only against women— Particulars of offence alleging indecent assault on named man— Defendant found to be under disability— Jury making findings that defendant did acts charged— Whether pleading in particulars of specific acts sufficient to cure defect in charge— Whether possible to substitute findings in relation to correct offence for those of jury— Whether jury’s findings safe—
Sexual Offences Act 1956 (4 & 5 Eliz 2,c 69), ss 14(1), 15(1)
—
Criminal Procedure (Insanity) Act 1964 (c 84), s 4A (as substituted by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c 25), s 2 and amended by Domestic Violence, Crime and Victims Act (c 28), s 22(4))
—
Criminal Appeal Act 1968 (c 19), s 3 (as amended by Criminal Justice Act 2003 (c 44), s 316(2))
Law reform— Whether necessary— Power to order retrial— Whether Court of Appeal (Criminal Division) should have power to order retrial when quashing findings made against person under disability—
Criminal Appeal Act 1968, s 16(4) (as substituted by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, s 7, Sch 3, para 3(3))