R v O [2011] EWCA Crim 376

Life sentence quashed and s37/41 restricted hospital order substituted. The life sentence had been passed in the context of confusion about bed availability, and the lack of a second s37 recommendation. There was utility in making the Appellant a patient rather than a prisoner because: (1) it was manifestly the right order to make on all the evidence; (2) there were advantages in terms of treatment; (3) it had advantages to the Appellant in terms of benefits; (4) it would best ensure the protection of the public.


Judgment: 9/2/11

Before: Gross LJ, Ramsey J, Sir Christopher Holland

Miss R Smith appeared on behalf of the Appellant

Mr M Fenhalls appeared on behalf of the Crown


[2011] All ER (D) 120 (Feb)

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Possible Bailii link (not there when checked last night, but might have appeared since)