[2011] EWCA Crim 1513

In order to prove an offence of the wilful neglect of a person lacking capacity contrary to the Mental Capacity Act 2005 s.44, the Crown first had to prove, to the criminal standard, that the defendant had wilfully neglected a person in his care, and then had to prove, on the balance of probabilities, that that person lacked capacity.

CA (Crim Div) (Pitchford LJ, Treacy J, Judge William Davis QC)

18/05/2011