Category

Sentence appeal cases

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
R v Fuller [2016] EWCA Crim 1867, [2016] MHLO 53 — (1) IPP sentence quashed and replaced with a restricted hospital order. (2) Request for anonymisation refused. 2016-12-152016 cases, Anonymisation cases, Brief summary, Sentence appeal cases, Transcript
R v Fletcher [2015] EWCA Crim 2007, [2015] MHLO 133 — The appellant unsuccessfully sought a restricted hospital order in place of an IPP sentence. 2016-01-282015 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Vowles; R (Vowles) v SSJ [2015] EWCA Crim 45, [2015] EWCA Civ 56, [2015] MHLO 16 — "There are before the court: (1) Sitting as the Court of Appeal Criminal Division six cases where indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) had been passed between 1997 and 2008. Each specified a minimum term. In each case there was psychiatric evidence before the court with a view to a judge considering making a hospital order under MHA 1983 s37 as amended with a restriction under s41 of the same Act. The sentencing judge did not make such an order, but each was subsequently transferred to hospital under a transfer direction made by the Secretary of State under s47. (2) Sitting as the Court of Appeal Civil Division, a civil appeal in relation to a judicial review brought by the first of the appellants in the criminal appeals of the actions of the Secretary of State for Justice and the Parole Board relating to delay in the determination of her application for release from custody." In relation to the criminal aspect: in ..→2015-02-122015 cases, Deprivation of liberty, ICLR summary, MHLR summary, Prison law cases, Sentence appeal cases, Transcript
AG's reference (no 91 of 2014) sub nom R v Joseph Williams [2014] MHLO 137 (CA) — The trial judge had imposed a sentence of 14 years' imprisonment, together with with a s45A hospital order and limitation direction, on an offender (W) who had pleaded guilty to attempted murder. Following an AG's reference the Court of Appeal held that: (1) The appropriate range was 17-25 years, the starting point was 20 years after a trial, and the judge was not at fault for reducing the sentence by six years given the unusual facts of the case that related to W's mental health. (2) It was not certain that the offence was motivated by antipathy to V's sexual orientation; it could equally have been the case that W did not want to share his flat with anyone. (3) As the judge considered that W's dangerousness was not confined to his mental illness, he should have passed an extended sentence to protect the public in the event that the criteria for the hospital order and restrictions were no longer satisfied, but the offender remained a risk to the public. (4) An extended period of ..→2014-12-312014 cases, Brief summary, Hybrid order cases, Sentence appeal cases, Transcript
AG's ref (no 34 of 2014) sub nom R v Jenkin [2014] EWCA Crim 1394, [2014] MHLO 56 — Criminal sentencing case with mental health background (a s45 hybrid order had been given in conjunction with life sentences). The Court of Appeal clarified that if a sentencing court "chooses to work with the currency of minimum terms, as it generally will do in homicide cases involving mandatory or discretionary life sentences, it does not need to have regard to the early release provisions". In this case, the judge should not have halved the 12-year minimum term to 6 years. A minimum term of 13 years 4 months was substituted. 2014-07-282014 cases, Brief summary, Sentence appeal cases, Transcript
R v Yusuf (Nadia Ali) [2013] EWCA Crim 2077, [2013] MHLO 137 — The appellant sought a restricted hospital order in place of an IPP sentence, but was unsuccessful as her medical evidence addressed the current situation rather than the situation at the time of sentencing. 2013-12-302013 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Edgington [2013] EWCA Crim 2185, [2013] MHLO 102 — The appellant had been sentenced to life imprisonment for murder and attempted murder, with a minimum term of 37 years. (1) Appeal against conviction dismissed, as the judge was not wrong to prevent counsel from re-examining the defence expert on whether she would 'as a matter of practice ... ever be released' from a hospital order. (2) Appeal against sentence dismissed as it was not manifestly excessive. 2013-12-032013 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Ahmed [2013] EWCA Crim 1393, [2013] MHLO 66 — Appellant unsuccessfully sought restricted hospital order in place of an IPP sentence. 2013-08-082013 cases, Brief summary, MHLR summary, Sentence appeal cases, Transcript
R v AJR [2013] EWCA Crim 591, [2013] MHLO 37 — The appellant had been found not guilty by reason of insanity and sentenced to a supervision order for 2 years under s5 CPIA 1964 and made the subject of a restraining order under s5A Protection from Harassment Act 1997 for 5 years. He appealed against the restraining order. (1) An finding of 'not guilty by reason of insanity' is an acquittal for the purposes of the 1997 Act so a restraining order may be lawfully imposed. (2) On the facts, there was no evidence that the defendant was likely to 'pursue a course of conduct which amounts to harassment', so the restraining order was quashed. (3) In any event, the restraining order had been drafted very widely and for a long duration, and concerns as to the children's welfare would more properly be addressed by agreement between mother and local authority, or by the family courts under the Children Act 1989. 2013-05-042013 cases, Brief summary, ICLR summary, Sentence appeal cases, Transcript
R v Ahmed [2012] EWCA Crim 99, [2012] MHLO 178 — (1) The appellant sought a s37/41 restricted hospital order in place of an IPP sentence. (2) The Responsible Clinician argued for a s45A hybrid order, for reasons summarised by the court as follows: 'The appellant is an illegal immigrant. In order to be discharged from hospital he would have to undergo a period of controlled supervision. This would be in appropriate accommodation. Dr Swinton tells us that this is not an option open to an illegal immigrant like the appellant. Thus he cannot be discharged into the community because he cannot undertake the necessary conditioning which would satisfy the hospital that he was safe to be left in the community on his own. As a consequence he has to remain in hospital and he will take up a bed, apparently permanently. This is damaging to the wider public interest. If a section 45A order were made, then although the appellant would receive precisely the same treatment under a section 47 transfer as he currently does, a discharge can ..→2013-03-282012 cases, Brief summary, Sentence appeal cases, Transcript
R v Caress [2013] EWCA Crim 218, [2013] MHLO 27 — "In the circumstances, there is no reason to believe that the diagnosis at the time of sentence was wrong or that sentence [a restricted hospital order] was passed on a wrong factual basis. If, as appears to be the case, the diagnosis has now changed that is a matter that should be dealt with by the Mental Health Tribunal, rather than by late appeal against sentence." [Summary required.] 2013-03-272013 cases, MHLR summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Smith (Mark John) [2012] EWCA Crim 2566, [2012] MHLO 170 — "This is a most unusual case. It is an appeal against a restraining order made by His Honour Judge McGregor-Johnson at Isleworth Crown Court on 8 May 2012 under s5A of the Protection from Harassment Act 1997. The order prohibited Mr Smith from travelling on any domestic or international commercial airline for a period of 3 years. The order was made at the end of a trial at which Mr Smith was acquitted, by reason of insanity, of offences of criminal damage and interfering with the performance of the crew of an aircraft in flight. The appeal raises questions about the scope of s5A of the 1997 Act." [Summary required; detailed external summary available.] 2013-03-262012 cases, Detailed summary, ICLR summary, Sentence appeal cases, Transcript
R v Nightingale [2012] EWCA Crim 2734, [2012] MHLO 167 — The appellant, having pleaded guilty to possession of (a) a Glock 9mm pistol and (b) the following live ammunition: 122 x 9mm, 40 x 7.62mm, 50 x 9mm (frangible), 50 x .338 (armour piercing), 2 x .308, 74 x 5.56mm, had been sentenced to 18 months for the Glock and 6 months concurrently for the ammunition. On appeal against sentence, as 'these offences were committed in exceptional circumstances by an exemplary soldier', this was reduced to 12 months, suspended for 12 months. 2013-03-262012 cases, Brief summary, Sentence appeal cases, Transcript
R v Fletcher [2012] EWCA Crim 2777, [2012] MHLO 161 — IPP sentence quashed and a restricted hospital order substituted in its place: the judge had not properly been informed as to the appellant's mental state, because the original reports focussed on mental illness (which the appellant did not suffer from) rather than learning disability (which he did). 2013-01-072012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Channer [2012] EWCA Crim 1667, [2012] MHLO 157 — IPP sentence with minimum term of 23 months quashed and restricted hospital order substituted in its place. 2012-12-212012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Searles [2012] EWCA Crim 2685, [2012] MHLO 156 — Custodial sentence of two years' detention in a young offender institution quashed and unrestricted hospital order substituted in its place. 2012-12-212012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Searles [2012] EWCA Crim 1839, [2012] MHLO 155 — Criminal appeal adjourned for second medical report in relation to the making of a hospital order. 2012-12-212012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
AG's reference (no 60 of 2012) sub nom R v Edwards [2012] EWCA Crim 2746, [2012] MHLO 135 — "This is a case which presented to the judge an intractable but by no means unknown sentencing problem. ... The intractable difficulty presented by this defendant and by, sadly, a number of others is this: he has a variety of personality disorders, but the doctors all report that there is no medical treatment available." [Summary required.] 2012-12-192012 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
R v Tudor [2012] EWCA Crim 1507, [2012] MHLO 127 — Following receipt of a psychiatric report which did not recommend a hospital order, the trial judge was entitled to impose an IPP sentence without adjourning for a second psychiatrist's report. 2012-12-172012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Fletcher [2012] EWCA Crim 1550, [2012] MHLO 86 — Permission granted to appeal, on fresh evidence, against IPP and argue that restricted hospital order should have been imposed. [Summary required.] 2012-08-312012 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
R v Ahmed [2012] EWCA Crim 708, [2012] MHLO 40 — The appellant was found unfit to plead, spent 35 years subject to s37/41, pleaded guilty to diminished responsibility manslaughter, was given an IPP sentence with a 63-month tariff, and was transferred back to hospital under s47/49. (1) The appropriate minimum term was 39 months. (2) The appeal was adjourned to obtain medical evidence and for future consideration of whether a hospital order ought to have been imposed. 2012-04-282012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Levey [2012] EWCA Crim 657, [2012] MHLO 34 — Tariff in life sentence for murder reduced from 24 years to 22 years, partly because the sentencing judge made insufficient allowance for the borderline personality disorder which played a significant part in the killing. 2012-04-282012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Lavender [2011] EWCA Crim 2420 — (1) On the material before the sentencing judge, there was nothing wrong in principle with an extended sentence. (2) However, given the recent psychiatric evidence, it was now arguable that the option of a hospital order with or without a restriction order needed to be considered, so leave to appeal was given and a representation order was granted. 2011-11-142011 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Clark [2011] EWCA Crim 2516 — The defendant appealed against a sentence of 56 months' imprisonment for GBH (financial worries had led him to decide to kill his wife and himself). The sentencing guidelines could never have been intended to apply to such an exceptional case; the sentence was replaced with a community rehabilitation order with a mental health treatment requirement. 2011-11-142011 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
R v Louka [2010] EWCA Crim 2015 — Appeal against sentence. [Summary required.] 2011-08-092010 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
R v AN [2004] EWCA Crim 3238 — (1) Although the medical evidence recommended a hospital order, the judge had been entitled to exercise his discretion not to impose a hospital order, particularly since there was no causal connection between the mental illness and the offending. (2) The 12-year sentence was not excessive. 2010-12-092004 cases, Brief summary, Sentence appeal cases, Transcript
R v Hutchinson [2010] EWCA Crim 1364 — IPP quashed and, based on new evidence, replaced with restricted hospital order. 2010-07-102010 cases, Brief summary, Missing from Bailii, No transcript, Sentence appeal cases
R v Orchard [2010] EWCA Crim 1538 — The concurrent sentences of two years' imprisonment were appealed on the basis that (i) they were at the top end of the sentencing guidelines bracket and (2) the learned judge did not take sufficient account of the circumstances of the offence, namely that the appellant was at the material time a psychiatric patient. The sentences were reduced to 18 months' imprisonment. 2010-07-102010 cases, Brief summary, No transcript, Sentence appeal cases
R v Singleton [2008] EWCA Crim 468 — Sentence of 5 years' imprisonment replaced by 3-year community order with residence, supervision and mental health treatment requirements. 2009-11-032008 cases, Brief summary, Sentence appeal cases, Transcript
R v Cornelius (Alan) [2002] EWCA Crim 138 — Extended period of licence reduced from 5 to 2 years on appeal. [Summary required.] 2009-11-012002 cases, No summary, Sentence appeal cases, Transcript
R v Khelifi [2006] EWCA Crim 770 — (1) Although medical evidence supported a hospital order, the judge had correctly exercised his discretion instead to impose a prison sentence; there is no presumption that a hospital order will be made in these circumstances; (2) five-year sentence reduced to three and a half years. 2009-04-112006 cases, Brief summary, Sentence appeal cases, Transcript
R v Bainton [2005] EWCA Crim 3572 — Two-year sentence quashed and substituted with same sentence suspended for two years: there were exception circumstances as the combination of physical, emotional and sexual abuse had reduced the appellant to a condition where it was difficult to resist the coercion of her husband. 2009-04-112005 cases, Brief summary, Sentence appeal cases, Transcript
R v Nafei [2004] EWCA Crim 3238 — Appeal against 12-year prison sentence for importation of drugs, in circumstances where the medical evidence supported a hospital order, was refused: the judge had properly exercised his discretion, particularly since there was no causal connection between the mental illness and the offending; the 12-year term was not excessive. 2009-04-112004 cases, Brief summary, Sentence appeal cases, Transcript
R v Lane (Geoffrey) [2003] EWCA Crim 382 — Sentence of four-and-a-half years' imprisonment quashed and substituted with hospital order. 2009-04-112003 cases, No summary, Sentence appeal cases, Transcript
R v Frampton [2003] EWCA Crim 3649 — Sentence of two and a half years' imprisonment substituted with a sentence of 15 months' imprisonment. 2009-04-112003 cases, No summary, Sentence appeal cases, Transcript
R v Gunning (Neville) [2002] EWCA Crim 634 — Three-year prison sentence quashed and substituted with hospital order. 2009-04-112002 cases, No summary, Sentence appeal cases, Transcript
R v Williams (Royland Richard) [2001] EWCA Crim 32 — Period of suspension of five-month prison sentence varied from two years to one year. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Stevens (Theresa Mary) [2001] EWCA Crim 2888 — Eight-month prison sentence quashed and substituted with two-year community rehabilitation order with treatment requirement. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Smith (Paul Lee) [2001] EWCA Crim 743 — Seven-year sentence quashed and substituted with hospital order and restriction order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Skermer (Mark) [2001] EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Cooper (Dean) [2001] EWCA Crim 57 — Sentence of three-and-a-half years' detention quashed and substituted with interim hospital order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Bunjo (Senad) [2001] EWCA Crim 1453 — Three-year prison sentence quashed and replaced with community rehabilitation order with a condition of treatment. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Budgen (Rebecca) [2001] EWCA Crim 1708 — 18-month prison sentence quashed and substituted with hospital order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Brewah (Alfred) [2001] EWCA Crim 1104 — Appeal against conviction dismissed; six-year sentence quashed and substituted with hospital order and restriction order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Blackford (Jodie) [2001] EWCA Crim 1479 — 21-month sentence for arson quashed and - having regard to the appellant's youth, her good character, her immaturity, her family, her plea and essentially her mental state - substituted with community rehabilitation order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Melbourne (Paul Anthony) [2000] EWCA Crim 3537 — Four-year sentence for breach of restraining order quashed and substituted with a hospital order and restriction order. 2009-04-112000 cases, No summary, Sentence appeal cases, Transcript
R v Belford (Moses Edward) [2000] EWCA Crim 3536 — Sentence of 12 months' imprisonment quashed and substituted with 6-month sentence suspended for 18 months (schizophrenia being an exceptional circumstance). 2009-04-112000 cases, Brief summary, Sentence appeal cases, Transcript
R v Hendy [2006] EWCA Crim 819 — The conviction for murder was quashed and replaced with diminished responsibility manslaughter because the judge's direction on the effect of alcohol (which reflected the law as then erroneously understood) was wrong in light of a later House of Lords case; obiter, fresh medical evidence relating to the diagnosis of personality disorder might reasonably have affected the decision of the jury. A retrial was not appropriate as tariff had been served; a restricted hospital order would be substituted for the life sentence. 2009-01-172006 cases, Brief summary, Diminished responsibility cases, Sentence appeal cases, Transcript
R v Simpson [2007] EWCA Crim 2666 — Discretionary life sentence with 6 year tariff quashed and substituted with s37/41 order. 2008-02-222007 cases, Brief summary, Sentence appeal cases, Transcript

Article titles

The following 49 pages are in this category.

R