R v Masih

Facts

Two men were charged with rape. One of them asked to call a psychiatrist to say that he was of low intelligence, immature and easily led, and that the other man had led him into the offence. His intelligence, on the evidence, was within the normal range. He was not said to be mentally defective.

Issue

Is low intelligence, inside the normal range, a matter for a psychiatrist?

Held

No. The trial judge refused to admit the evidence. Whether the accused was immature or easily led was a question the jury could decide for themselves.

Principle

A condition inside ordinary experience is not the subject of expert evidence, even if a psychiatrist has measured it.

Why it matters

It is Turner applied to intelligence. Reynolds applies it to an alleged inability to tell reality from fantasy, where there was no illness.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.