R v McKenzie (Michael Anthony)

Subject Matter

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, ss 14(1), 15(1) — Criminal Procedure (Insanity) Act 1964, s 4A (as substituted by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, s 2 and amended by Domestic Violence, Crime and Victims Act, s 22(4)) — Criminal Appeal Act 1968, s 3 (as amended by Criminal Justice Act 2003, s 316(2))

[2011] 1 WLR 2807

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))

[2011] 1 WLR 2807

Commentary

Blackstones Criminal Practice 2025
Defects in the Indictment as a Ground of Appeal - Test on Appeal D11.114

Unfitness to Plead and Other Reasons for Failing to Plead - Unfitness to Plead - Trial of the Facts D12.10

Unfitness to Plead and Other Reasons for Failing to Plead - Consequences of a Finding of Unfitness - Reversing Such an Order D12.15