R v Petrolini [2012] EWCA Crim 2055, [2012] MHLO 105

The appellant had unsuccessfully argued diminished responsibility at trial, but subsequently it became apparent that he had indeed been in the prodromal stage of schizophrenia at the time of the offence. The Court of Appeal (1) granted an extension of time of 16 years and 16 months, (2) quashed the conviction for murder and substituted for it a verdict of manslaughter by reason of diminished responsibility, and (3) made a restricted hospital order in place of the 16-year-tariff life sentence. The hospital order was made for admission to Broadmoor, but the intention was that the patient would remain in Carstairs hospital in Scotland.


Date: 14/6/12

Before: Moses LJ, Globe J, HHJ Davis QC

Mr PR Taylor appeared on behalf of the Appellant

Mr M Ellison QC appeared on behalf of the Crown

External link