Practice and Procedure

R v MB (2010)

PUBLISHED June 15, 2010

[2010] EWCA Crim 1684

A finding under the Criminal Procedure (Insanity) Act 1964 s.4A, that a defendant had committed the actus reus of the acts with which he was charged, was set aside as unsafe. The hearing had taken place alongside the trial of the defendant's nine co-accused and the proceedings had not been severed, despite one of the co-accused making attacks on his character which he was unable properly to defend.

CA (Crim Div) (Moses LJ, Holman J, Rafferty J)