August 6, 2025
Alex Benn, leading Theo Burges, appeared for a 90-year-old defendant, who had inadvertently killed an 85-year-old woman in a Waitrose car park by driving over her. The defendant ultimately received an absolute discharge.
By July 2025, the defendant’s health had significantly deteriorated. He was too frail to leave his house and had been diagnosed with Alzheimer’s disease. The defence argued that he was unfit to stand trial for causing death by dangerous driving.
The Resident Judge at Ipswich Crown Court heard from three psychiatrists (who disagreed) and initially considered him fit to stand trial by video-link with an intermediary and other measures. The judge also granted an application for led junior counsel, who could appear with the defendant from his home address.
As part of the intermediary’s assessment at the defendant’s home, Theo held a mock examination of a family member of the defendant, which took place in a different room but was shown to the defendant onscreen. This revealed the defendant’s inability to follow proceedings when they were by video-link. The prosecution then conceded his lack of fitness. The judge ruled that he had become unfit, but exceptionally required him to appear by video-link with Theo and the intermediary for the rest of the proceedings.
Alex and Theo were instructed by Danielle Roberts of OBW Law.
The case was Alex Benn’s first as leading counsel. For more about Alex’s practice, read: [Alex Benn Profile]
Theo Burges regularly defends in criminal matters in both magistrates’ courts and the Crown Court: [Theo Burges Profile]
News stories:
[Daily Mail]
[Yahoo News]
