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Presser - the forgotten story.
- 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 :
- Academic Search Index
- Journal :
- Australasian Psychiatry
- Publication Type :
- Academic Journal
- Accession number :
- 118451397
- Full Text :
- https://doi.org/10.1177/1039856216646230