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Presser - the forgotten story.

Authors :
Kasinathan, John
Le, Joey
Barker, Anthony
Sharp, Gillian
Source :
Australasian Psychiatry; Nov2016, Vol. 24 Issue 5, p478-482, 5p
Publication Year :
2016

Abstract

<bold>Objective: </bold>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.<bold>Method: </bold>Review of attainable newspaper reports framed within an historical context of fitness and relevant case law.<bold>Results: </bold>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.<bold>Conclusions: </bold>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]

Details

Language :
English
ISSN :
10398562
Volume :
24
Issue :
5
Database :
Complementary Index
Journal :
Australasian Psychiatry
Publication Type :
Academic Journal
Accession number :
118451397
Full Text :
https://doi.org/10.1177/1039856216646230