Drilldown: Cases
Not many cases (185) have been added to the database so far. To see the full list of cases (2016) go to the Mental health case law page.
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Criminal law capacity cases
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Page name | Sentence | Summary |
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R v C (2009) UKHL 42 | Sexual consent | For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder. |