In R v Pritchard (1836) the defendant was deaf and mute, and it was decided that before the court or a jury can reach a verdict three factors had to be taken into account: –
- Whether the defendant is mute of malice
- Whether the defendant can plead
- Whether the defendant understands or comprehends the charges against him or her – Alderson B.
If the jury find that they could not communicate with the defendant or the defendant could not understand the charges against him or her than the jury should find the defendant unfit to plead.
Copyright © 2018 by Dyarne Ward