R v Fleming (1993) 14 Cr App R (S) 151

Life sentence or hospital order Previous authority had established that where medical opinions are unanimous and a bed is available in a secure hospital a restricted hospital order should be made, but in this case the trial judge had imposed a hospital order. The Court of Appeal dismissed the appeal given the exceptional circumstances, in particular that the appellant had killed again having been discharged from an earlier hospital order.

Appeal note

Not followed in the later case of R v Mitchell (1997) 1 Cr App R (S) 90.


Full judgment: No Bailii link (neutral citation is unknown or not applicable)
Download here


  • Life sentence cases🔍

Date: 16/6/92🔍

Court: Court of Appeal (Criminal Division)🔍

Cited by:



  • James Kirk Fleming🔍

Citation number(s):

  • (1993) 14 Cr App R (S) 151

What links here:

Published: 28/6/21 21:21

Cached: 2024-06-20 19:42:05