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The Bionic Clicker Mark I & II
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Presser - the forgotten story.

John Kasinathan1, Joey Le2, Anthony Barker3

  • 1Consultant Forensic Psychiatrist, Adolescent Unit, The Forensic Hospital, Sydney, NSW, and; Conjoint Lecturer UNSW; Visiting Fellow ANU, Justice Health, NSW Health, Sydney, NSW, Australia johnkas@med.usyd.edu.au.

Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists
|April 30, 2016
PubMed
Summary

The seminal Presser case involved a 14-year-old boy with intellectual disability, a fact often overlooked. Understanding this narrative improves fitness to plead assessments for adolescents and individuals with intellectual disability.

Keywords:
Presser criteriaadolescentsfitness to be triedfitness to pleadintellectual disability

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Area of Science:

  • Forensic Psychology
  • Legal Psychology
  • Criminal Law

Background:

  • The 1958 Regina v Presser case is a cornerstone of fitness to plead law in Australia and New Zealand.
  • Edward John Presser, the subject of the case, was a 14-year-old boy with an intellectual disability.
  • The specific details of Presser's circumstances are not widely recognized in legal and clinical practice.

Purpose of the Study:

  • To provide a more comprehensive account of Edward John Presser's case narrative.
  • To highlight the significance of Presser's age and intellectual disability in the context of fitness to plead.
  • To inform current legal and clinical understanding of fitness assessment.

Main Methods:

  • A review of historical newspaper reports was conducted.
  • The newspaper reports were analyzed within the historical context of legal concepts of fitness and relevant case law.
  • The study synthesizes available information to reconstruct Presser's narrative.

Main Results:

  • The study presents a more detailed understanding of Presser's personal narrative than previously available to legal and clinical professionals.
  • The findings underscore the implications for current fitness to plead assessments, particularly concerning the presumption of doli incapax.
  • Considerations of human rights in the context of fitness assessments are discussed.

Conclusions:

  • The legal criteria established in the Presser case are widely applied in Australia and New Zealand.
  • The case's foundation lies in the circumstances of a minor with an intellectual disability.
  • Increased awareness of the full Presser narrative can enhance expert evidence provided by clinicians for adolescents and individuals with intellectual disabilities facing fitness to plead evaluations.