1. Presser - the forgotten story.
- Author
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Kasinathan, John, Le, Joey, Barker, Anthony, and Sharp, Gillian
- Subjects
COMPETENCY to stand trial ,YOUTH with intellectual disabilities ,PHYSICAL fitness & psychology ,LEGAL rights ,ACTIONS & defenses (Law) ,HUMAN rights ,CAPACITY (Law) ,PEOPLE with intellectual disabilities ,INSANITY defense ,LAW ,LEGISLATION - Abstract
Objective: Regina v Presser [1958] VR 45, is the most seminal case regarding fitness to plead for accused persons in Australia and New Zealand. It is not widely understood that Presser was a 14-year-old boy with intellectual disability. We aim to describe a clearer narrative regarding Edward John Presser.Method: Review of attainable newspaper reports framed within an historical context of fitness and relevant case law.Results: Presser's narrative is described in greater detail than previously understood by clinicians and lawyers. Ramifications for fitness assessment are discussed including doli incapax and human rights considerations.Conclusions: The Presser criteria are widely applied; however, the case involved a 14-year-old boy with intellectual disability. Greater awareness of Presser's narrative assists clinicians providing expert evidence regarding fitness to plead for adolescents and persons with intellectual disability. [ABSTRACT FROM AUTHOR]- Published
- 2016
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