[2013] EWCA Crim 1371

A judge had erred in informing the jury of his decision that a victim lacked mental capacity to make an admissible witness statement where the defendant had asserted that the victim had mental capacity to make a contract with him. However, that did not render the conviction unsafe as the evidence before the jury of the victim's dementia and its deleterious effect was overwhelming.

CA (Crim Div) (Pitchford LJ, Nicol J, Lang J DBE)


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