R v Mitchell (1997) 1 Cr App R (S) 90

Life sentence or hospital order The trial judge had followed R v Fleming (1993) 14 Cr App R (S) 151 in imposing a life sentence rather than a restricted hospital order despite medical opinions being unanimous and a bed being available in a secure hospital, on the basis that the appellant absconding from an earlier hospital order and killing again amounted to exceptional circumstances. The Court of Appeal held that Fleming had been wrongly decided (the Court had believed that the Home Secretary released from a life sentence when in fact it was the Parole Board) and allowed the appeal in this case.


For more recent guidance see R v Edwards [2018] EWCA Crim 595.


Full judgment: No Bailii link (neutral citation is unknown or not applicable)
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  • Life sentence cases🔍

Date: 9/5/96🔍

Court: Court of Appeal (Criminal Division)🔍




  • Jason John Mitchell🔍

Citation number(s):

  • (1997) 1 Cr App R (S) 90

What links here:

Published: 28/6/21 21:28

Cached: 2022-08-19 02:44:30