R v Samuel Kayode
[2024] EWCA Crim 1032
R v Kamaladin Ismael
27 March 2024
[2024] EWCA Crim 301
Court of Appeal
A young man with learning difficulties pleaded guilty to crimes. Later, it was discovered he was too impaired to understand the court process or his pleas. The Court of Appeal overturned his convictions because his pleas weren't valid. The case shows how important it is for lawyers to be aware of and deal with defendants' mental health issues early in legal proceedings.
Key Facts
- •Kamaladin Ismael (appellant) pleaded guilty to 12 offences at a plea and trial preparation hearing (PTPH) in April 2020.
- •Subsequent events raised serious concerns about Ismael's fitness to plead at the time of his guilty pleas.
- •Multiple psychiatric reports indicated Ismael was unfit to plead due to Autism Spectrum Disorder (ASD) and significant cognitive impairments.
- •Ismael's cognitive abilities were assessed as equivalent to a seven-year-old child.
- •The case was plagued by delays and procedural issues, exacerbated by the COVID-19 pandemic.
- •The defence lawyers failed to adequately address Ismael's fitness to plead in a timely manner.
Legal Principles
Test for unfitness to plead (Pritchard test)
Pritchard (1836) 7 Car. & P. 303; R v Podola (1959) 43 Cr.App R 220; R v John (M) [2003] EWCA Crim 3452
Importance of contemporaneous assessment of fitness to plead and the role of legal representatives
R v Erskine; R v Williams [2009] EWCA Crim 1425
Application of Section 6 of the Criminal Appeal Act 1968
Criminal Appeal Act 1968, Section 6
Hospital orders under Mental Health Act 1983 and Criminal Procedure (Insanity) Act 1964
Mental Health Act 1983, Section 37; Criminal Procedure (Insanity) Act 1964, Section 5(2)(a)
Outcomes
Appeal allowed; convictions quashed.
Ismael was unfit to plead at the time he entered his guilty pleas, rendering the convictions unsafe.
No retrial ordered.
A retrial is not in the public interest given Ismael's unfitness to plead and the likelihood of a similar outcome.
Ismael remains subject to the existing hospital order.
The hospital order was made under the Criminal Procedure (Insanity) Act 1964.