Presser – the forgotten story. (October 2016)

• Record Type: Journal Article
• Authors: Kasinathan, John; Le, Joey; Barker, Anthony; Sharp, Gillian
• Is Part Of: Australasian psychiatry. Volume 24:Number 5(2016:Oct.)
• Page Start: 478
• Page End: 482
• Publication Date: 2016-10
• Subjects: fitness to plead -- fitness to be tried -- Presser criteria -- adolescents -- intellectual disability; Psychiatry -- Australasia -- Periodicals; Psychiatry -- Periodicals; 616.89005
• DOI: 10.1177/1039856216646230
• Languages: English
• ISSNs: 1039-8562

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.