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Drilldown: Cases

Not many cases (261 of them) have been added to the database so far. To see the full list of cases (2087) go to the Mental health case law page.

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Cases > Subject: Hybrid order cases

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Page name Sentence Summary
R v Westwood (2020) EWCA Crim 598

Successful s45A appeal

"In the circumstances of this case there was a sound reason for departing from the need to impose a sentence with a "penal element". In view of the low level of the appellant's "retained responsibility", the likelihood that for the rest of his life he will need psychiatric treatment and supervision that can most effectively be provided through orders under sections 37 and 41 of the Mental Health Act, and the likely advantages in this case of the regime for and on his release under such orders when compared to an order under section 45A, we consider that that is the right disposal here."

R v Yuel (2019) EWCA Crim 1693

Sentence appeal - s45A

(1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm Prevention Order, to be served concurrently.On appeal this was increased to 14 years with a five-year extended licence period.

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