Category

Sentence appeal cases

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Case and summary Date added Categories
R v Taj [2018] EWCA Crim 1743 — (1) Appeal against conviction: "The defence sought to rely on self-defence as codified in s76 Criminal Justice and Immigration Act 2008 noting, in particular, s76(4)(b) which makes it clear that the defence is available even if the defendant is mistaken as to the circumstances as he genuinely believed them to be whether or not the mistake was a reasonable one for him to have made. Although s76(5) provides that a defendant is not entitled to rely upon any mistaken belief attributable to intoxication that was voluntarily induced, it was argued that as there was no suggestion that Taj had alcohol or drugs present in his system at the time, he was not 'intoxicated' and so was not deprived of the defence. It was also submitted that R v McGee, R v Harris, R v Coley [2013] EWCA Crim 223 supported the proposition that to be in a state of 'voluntarily intoxication' there had to be alcohol or drugs active in the system at the time of the offence. ... In our view, the words "attributable to intoxication" in s. 76(5) are broad enough to encompass both (a) a mistaken state of mind as a result of being drunk or intoxicated at the time and (b) a mistaken state of mind immediately and proximately consequent upon earlier drink or drug-taking, so that even though the person concerned is not drunk or intoxicated at the time, the short-term effects can be shown to have triggered subsequent episodes of e.g. paranoia. This is consistent with common law principles. We repeat that this conclusion does not extend to long term mental illness precipitated (perhaps over a considerable period) by alcohol or drug misuse. In the circumstances, we agree with Judge Dodgson, that the phrase "attributable to intoxication" is not confined to cases in which alcohol or drugs are still present in a defendant's system. It is unnecessary for us to consider whether this analysis affects the decision in Harris: it is sufficient to underline that the potential significance of voluntary intoxication in the two cases differs." The appeal against conviction was dismissed. (2) The application for leave to appeal against sentence was refused. 2018‑08‑08 2018 cases, ICLR summary, Other criminal law cases, Sentence appeal cases, Transcript


R v Thompson [2018] EWCA Crim 639 — "These four otherwise unconnected appeals have been listed together as each potentially raises an issue in relation to the effect of s11(3) of the Criminal Appeal Act 1968 which requires this court, on an appeal against sentence, to exercise its powers such that 'taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below'. Articulating the issue with reference to the specific sentences that may give rise to the issue, it is about the extent to which this court can substitute what is a standard determinate sentence with (i) a special custodial sentence for offenders of particular concern under s236A of the Criminal Justice Act 2003; (ii) an extended sentence under s226A or B of the 2003 Act; or (iii) a hospital order with restriction or hybrid order under s37 and 41 or 45A of the Mental Health Act 1983." 2018‑04‑09 2018 cases, ICLR summary, Sentence appeal cases, Transcript


R v Edwards [2018] EWCA Crim 595These four cases were listed before the court to consider issues arising from the sentencing of mentally ill offenders to indeterminate terms of imprisonment. (1) Comparison of release regimes under s.37/41 and s.45A. (2) Rules governing applications to this court to advance new grounds or fresh evidence. (3) General principles: "Finally, to assist those representing and sentencing offenders with mental health problems that may justify a hospital order, a finding of dangerousness and/or a s.45A order, we summarise the following principles we have extracted from the statutory framework and the case law. (i) The first step is to consider whether a hospital order may be appropriate. (ii) If so, the judge should then consider all his sentencing options including a s.45A order. (iii) In deciding on the most suitable disposal the judge should remind him or herself of the importance of the penal element in a sentence. (iv) To decide whether a penal element to the sentence is necessary the judge should assess (as best he or she can) the offender’s culpability and the harm caused by the offence. The fact that an offender would not have committed the offence but for their mental illness does not necessarily relieve them of all responsibility for their actions. (v) A failure to take prescribed medication is not necessarily a culpable omission; it may be attributable in whole or in part to the offender’s mental illness. (vi) If the judge decides to impose a hospital order under s.37/41, he or she must explain why a penal element is not appropriate. (vii) The regimes on release of an offender on licence from a s.45A order and for an offender subject to s.37/41 orders are different but the latter do not necessarily offer a greater protection to the public, as may have been assumed in Ahmed and/or or by the parties in the cases before us. Each case turns on its own facts. (viii) If an offender wishes to call fresh psychiatric evidence in his appeal against sentence to support a challenge to a hospital order, a finding of dangerousness or a s45A order he or she should lodge a s.23 application. If the evidence is the same as was called before the sentencing judge the court is unlikely to receive it. (ix) Grounds of appeal should identify with care each of the grounds the offender wishes to advance. If an applicant or appellant wishes to add grounds not considered by the single judge an application to vary should be made." (4) The court considered the individual appeals/application, noting that it is appellate not a review court and that the question is whether the sentence imposed was manifestly excessive or wrong in principle. 2018‑03‑28 2018 cases, Brief summary, ICLR summary, Sentence appeal cases, Transcript


R v Kitchener [2017] EWCA Crim 937, [2017] MHLO 25 — "On 22 November 2002 at the Crown Court at Cardiff before the Recorder of Cardiff His Honour Judge Griffith-Williams QC the applicant, then aged 20, pleaded guilty to attempted murder contrary to s.1(1) of the Criminal Attempts Act 1981. On 2 December 2002, he was sentenced by the same judge to custody for life with a minimum term of 4 years and 8 months less 4 months on remand in custody. His applications for an extension of time of about 14 years, for leave to appeal against sentence and to call fresh psychiatric evidence have been referred to the full Court by the single judge. The basis for the application for leave to appeal against sentence is that the applicant contends that he should have been sentenced to a hospital order and a restriction order under sections 37 and 41 of the Mental Health Act 1983 rather than to custody for life. The basis for the application for an extension of time is that the psychiatric report of Dr Sobia Khan dated 26 October 2015 was not available at the time of sentence. That report is said to satisfy the conditions for the admission of fresh evidence under section 23 of the Criminal Appeal Act 1968. The admission of the report is said to be both necessary and expedient in the interests of justice." 2017‑07‑08 2017 cases, No summary, Sentence appeal cases, Transcript


R v Joyce and Kay [2017] EWCA Crim 647, [2017] MHLO 20 — "These two appeals have been heard together because each involves a consideration of the judgments in R v Stewart [2009] EWCA Crim 593, [2009] 2 Cr App R 30 and AG's ref (no 34 of 2014) sub nom R v Jenkin [2014] EWCA Crim 1394, [2014] MHLO 56, [2014] 2 Cr App R (S) 84. Both appellants suffered from schizophrenia and killed whilst under the influence of alcohol and or drugs." 2017‑05‑25 2017 cases, Diminished responsibility cases, ICLR summary, Sentence appeal cases, Transcript


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. 2016‑12‑15 2016 cases, Anonymisation cases, Brief summary, Sentence appeal cases, Transcript


R v Fletcher [2015] EWCA Crim 2007, [2015] MHLO 133The appellant unsuccessfully sought a restricted hospital order in place of an IPP sentence. 2016‑01‑28 2015 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 cases where medical evidence suggests mental disorder, the offending is partly or wholly attributable to that disorder, treatment is available and a hospital order may be appropriate, the court should consider (and, if appropriate, make) a s45A order before considering making a hospital order. 2015‑02‑12 2015 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 five years was added to the 14-year sentence. The hospital direction with restrictions remained unchanged. (Summary based on Lawtel summary of ex tempore judgment.) 2014‑12‑31 2014 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 56Criminal 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. 2014‑07‑28 2014 cases, Brief summary, Sentence appeal cases, Transcript


R v Yusuf (Nadia Ali) [2013] EWCA Crim 2077, [2013] MHLO 137The 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. 2013‑12‑30 2013 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Edgington [2013] EWCA Crim 2185, [2013] MHLO 102The 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. 2013‑12‑03 2013 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Ahmed [2013] EWCA Crim 1393, [2013] MHLO 66Appellant unsuccessfully sought restricted hospital order in place of an IPP sentence. 2013‑08‑08 2013 cases, Brief summary, MHLR summary, Sentence appeal cases, Transcript


R v AJR [2013] EWCA Crim 591, [2013] MHLO 37The 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. 2013‑05‑04 2013 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 be effected by sending the appellant back to prison where the relevant supervision can be provided.' (3) The Court of Appeal admitted fresh evidence and, considering the appellant to be an ill man needing treatment rather than a criminal needing punishment, imposed a restricted hospital order. 2013‑03‑28 2012 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.] 2013‑03‑27 2013 cases, MHLR summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Nightingale [2012] EWCA Crim 2734, [2012] MHLO 167The 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. 2013‑03‑26 2012 cases, Brief summary, 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.] 2013‑03‑26 2012 cases, Detailed summary, ICLR summary, Sentence appeal cases, Transcript


R v Fletcher [2012] EWCA Crim 2777, [2012] MHLO 161IPP 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). 2013‑01‑07 2012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Searles [2012] EWCA Crim 1839, [2012] MHLO 155Criminal appeal adjourned for second medical report in relation to the making of a hospital order. 2012‑12‑21 2012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Searles [2012] EWCA Crim 2685, [2012] MHLO 156Custodial sentence of two years' detention in a young offender institution quashed and unrestricted hospital order substituted in its place. 2012‑12‑21 2012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Channer [2012] EWCA Crim 1667, [2012] MHLO 157IPP sentence with minimum term of 23 months quashed and restricted hospital order substituted in its place. 2012‑12‑21 2012 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.] 2012‑12‑19 2012 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript


R v Tudor [2012] EWCA Crim 1507, [2012] MHLO 127Following 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. 2012‑12‑17 2012 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.] 2012‑08‑31 2012 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript


R v Levey [2012] EWCA Crim 657, [2012] MHLO 34Tariff 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. 2012‑04‑28 2012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Ahmed [2012] EWCA Crim 708, [2012] MHLO 40The 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. 2012‑04‑28 2012 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Clark [2011] EWCA Crim 2516The 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. 2011‑11‑14 2011 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. 2011‑11‑14 2011 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript


R v Louka [2010] EWCA Crim 2015 — Appeal against sentence. [Summary required.] 2011‑08‑09 2010 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. 2010‑12‑09 2004 cases, Brief summary, Sentence appeal cases, Transcript


R v Orchard [2010] EWCA Crim 1538The 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. 2010‑07‑10 2010 cases, Brief summary, No transcript, Sentence appeal cases


R v Hutchinson [2010] EWCA Crim 1364IPP quashed and, based on new evidence, replaced with restricted hospital order. 2010‑07‑10 2010 cases, Brief summary, Missing from Bailii, No transcript, Sentence appeal cases


R v Singleton [2008] EWCA Crim 468Sentence of 5 years' imprisonment replaced by 3-year community order with residence, supervision and mental health treatment requirements. 2009‑11‑03 2008 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.] 2009‑11‑01 2002 cases, No summary, Sentence appeal cases, Transcript


R v Belford (Moses Edward) [2000] EWCA Crim 3536Sentence of 12 months' imprisonment quashed and substituted with 6-month sentence suspended for 18 months (schizophrenia being an exceptional circumstance). 2009‑04‑11 2000 cases, Brief 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. 2009‑04‑11 2000 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. 2009‑04‑11 2001 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. 2009‑04‑11 2001 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. 2009‑04‑11 2001 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. 2009‑04‑11 2001 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. 2009‑04‑11 2001 cases, No summary, Sentence appeal cases, Transcript


R v Skermer (Mark) [2001] EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order. 2009‑04‑11 2001 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. 2009‑04‑11 2001 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. 2009‑04‑11 2001 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. 2009‑04‑11 2001 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. 2009‑04‑11 2002 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. 2009‑04‑11 2003 cases, No 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. 2009‑04‑11 2003 cases, No summary, Sentence appeal cases, Transcript


R v Nafei [2004] EWCA Crim 3238Appeal 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. 2009‑04‑11 2004 cases, Brief summary, Sentence appeal cases, Transcript


R v Bainton [2005] EWCA Crim 3572Two-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. 2009‑04‑11 2005 cases, Brief 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. 2009‑04‑11 2006 cases, Brief summary, Sentence appeal cases, Transcript


R v Hendy [2006] EWCA Crim 819The 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. 2009‑01‑17 2006 cases, Brief summary, Diminished responsibility cases, Sentence appeal cases, Transcript


R v Simpson [2007] EWCA Crim 2666Discretionary life sentence with 6 year tariff quashed and substituted with s37/41 order. 2008‑02‑22 2007 cases, Brief summary, Sentence appeal cases, Transcript


Article titles

The following 54 pages are in this category.

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