Category:Sentence appeal cases
From Mental Health Law Online
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 summary | Date added to site | Categories |
|---|---|---|
| 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. | 2012-04-28 | 2012 cases, Brief summary, 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. | 2012-04-28 | 2012 cases, Brief summary, 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, 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. | 2011-11-14 | 2011 cases, Brief summary, Sentence appeal cases, Transcript |
| R v Louka (2010) EWCA Crim 2015 — Appeal against sentence. [Summary required.] | 2011-08-09 | 2010 cases, 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 Hutchinson (2010) EWCA Crim 1364 — IPP quashed and, based on new evidence, replaced with restricted hospital order. | 2010-07-10 | 2010 cases, Brief summary, 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. | 2010-07-10 | 2010 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. | 2009-11-03 | 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 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 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. | 2009-04-11 | 2005 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. | 2009-04-11 | 2004 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. | 2009-04-11 | 2003 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 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 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 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 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 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 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 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 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 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 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 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 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). | 2009-04-11 | 2000 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. | 2009-01-17 | 2006 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. | 2008-02-22 | 2007 cases, Brief summary, Sentence appeal cases, Transcript |
Article titles
The following 29 pages are in this category.