Category:Life sentence cases
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| Page and summary | Date added to site | Categories |
|---|---|---|
| R v Miller [2021] EWCA Crim 1955 —
Life sentence replaced by hospital order (1) The Court of Appeal quashed a life sentence and substituted a restricted hospital order, believing that this would better protect the public. (2) It is misconceived to submit tribunal decisions as fresh evidence in criminal appeals. NoteAs usual, the Court of Appeal doesn't fully understand mental health law, e.g.:
| 2023-03-16 | 2021 cases, Cases, Judgment available on Bailii, Life sentence cases, Pages using DynamicPageList3 parser function |
| R v Crerand [2022] EWCA Crim 962 —
Life sentence replaced by hospital order The Court of Appeal quashed a sentence of life imprisonment and substituted a s37/41 restricted hospital order, "taking into account the nature of his mental illness, its causal connection with the offence, its treatability and the clear evidence that his condition will be better managed on release under the Mental Health Act regime and the public better protected". NoteAs usual, the Court of Appeal doesn't fully understand mental health law.
| 2023-03-13 | 2022 cases, Cases, Judgment available on Bailii, Life sentence cases, Pages using DynamicPageList3 parser function |
| R v Mbatha (1985) 7 Cr App R (S) 373 —
Life sentence or hospital order The appellant used further evidence about manic depressive psychosis to persuade the Court of Appeal to grant a restricted hospital order instead of the life sentence imposed by the trial judge for rape and buggery.
Full judgment: No Bailii link (neutral citation is unknown or not applicable) Subject(s):
Date: ..→ | 2021-07-04 | 1985 cases, Cases, Judgment available on MHLO, Life sentence cases, Neutral citation unknown or not applicable, Pages using DynamicPageList3 parser function, Transcript |
| 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.
| 2021-06-28 | 1996 cases, Cases, Judgment available on MHLO, Life sentence cases, Neutral citation unknown or not applicable, Pages using DynamicPageList3 parser function, Transcript |
| 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.
Full judgment: No Bailii link (neutral citation is unknown or not applicable) | 2021-06-28 | 1992 cases, Cases, Judgment available on MHLO, Life sentence cases, Neutral citation unknown or not applicable, Pages using DynamicPageList3 parser function, Transcript |
| R v Fisher [2019] EWCA Crim 1066 —
Summary of MH sentencing guidance - life sentence replaced with s37/41 Having summarised the Sentencing Council's Definitive Guideline for Manslaughter (in force 1/11/18) and the relevant available disposals under the MHA, the Court of Appeal revoked sentences of imprisonment and replaced the life sentence with a s37/41 restricted hospital order.
| 2019-07-04 | 2019 cases, Cases, Judgment available on Bailii, Life sentence cases, Pages using DynamicPageList3 parser function |
| R v Bala [2017] EWCA Crim 1460 —
Unsuccessful life sentence appeal The appellant unsuccessfully argued that he should have received a s37/41 restricted hospital order instead of a life sentence. Extract from judgment: "His applications for an extension of time of 10 years to apply for leave to appeal against sentence and to call fresh evidence were referred to the full court by the single judge. It is the appellant's case that instead of a sentence of Custody for Life the judge should have imposed a hospital order under section 37 Mental Health Act (MHA) 1983 together with a Restriction Order under section 41. ... In R v Vowles; R (Vowles) v SSJ [2015] EWCA Crim 45, [2015] EWCA Civ 56, [2015] MHLO 16 this court set out in detail the approach to be taken by sentencing judges dealing with offenders with mental disorders. At paragraph 54, having earlier set out the statutory framework, the court described the situation in which a section 37/41 order is ..→ | 2017-10-08 | 2017 cases, Cases, Judgment available on Bailii, Life sentence cases, Pages using DynamicPageList3 parser function |
| R v Kitchener [2017] EWCA Crim 937 —
Appeal against life sentence "On 22 November 2002 at the Crown Court at Cardiff before the Recorder of Cardiff His Honour Judge Griffith-Williams QC the applicant, then aged 20, pleaded guilty to attempted murder contrary to s.1(1) of the Criminal Attempts Act 1981. On 2 December 2002, he was sentenced by the same judge to custody for life with a minimum term of 4 years and 8 months less 4 months on remand in custody. His applications for an extension of time of about 14 years, for leave to appeal against sentence and to call fresh psychiatric evidence have been referred to the full Court by the single judge. The basis for the application for leave to appeal against sentence is that the applicant contends that he should have been sentenced to a hospital order and a restriction order under sections 37 and 41 of the Mental Health Act 1983 rather than to custody for life. The basis for the application for an extension of time is ..→ | 2017-07-08 | 2017 cases, Cases, ICLR summary, Judgment available on Bailii, Life sentence cases, Pages using DynamicPageList3 parser function |
| R v Ahmed [2016] EWCA Crim 670 —
Appeal against life sentence "Saber Ahmed 31, was tried for murder in the Crown Court at Birmingham in 2006 before HHJ Matthews and a jury. On 3 August 2006 he was acquitted of murder and convicted of manslaughter on the grounds of diminished responsibility. On 20 October 2006 HHJ Matthews sentenced him to life imprisonment with a minimum term of 3 years and 6 months, less 462 days spent on remand. The judge recommended deportation. ... We are satisfied that in all the circumstances of this case it is appropriate to impose a hospital order with a restriction order. This is no reflection on the sentencing judge who passed the only sentence available to him on the evidence at the time. We quash the life sentence and we impose orders under Sections 37 and 41 of the Mental Health Act 1983, the latter without limit of time. To that extent the appeal is allowed."
<div class="medium-4 columns ..→ | 2016-06-11 | 2016 cases, Cases, Judgment available on Bailii, Life sentence cases, Pages using DynamicPageList3 parser function |
| R v Odiowei [2013] EWCA Crim 2253, [2013] MHLO 131 — The appellant sought a restricted hospital order in place of a life sentence, relying on two recent medical reports which were critical of previous reports. The matter was adjourned for six weeks to obtain responses from the previous reports' authors. | 2013-12-30 | 2013 cases, Brief summary, Judgment available on MHLO, Judgment missing from Bailii, Life sentence cases, Transcript |
| R v Fort [2013] EWCA Crim 2332, [2013] MHLO 111 — (1) The sentencing judge erred in concluding that the appellant would continue to pose a significant risk of serious harm to members of the public occasioned by the commission of serious offences, even if his mental disorder were to be cured or substantially alleviated, and therefore erred in imposing a sentence of custody for life as opposed to a s37/41 hospital order. (2) The judge's order under s45A was unlawful, because such an order could not be made on someone who was under 21 at the time of conviction (and was thus being considered for a sentence of custody for life, as opposed to a sentence of imprisonment, as would be the case on a person over 21 at the date of conviction). | 2013-12-15 | 2013 cases, Brief summary, Hybrid order cases, Judgment available on Bailii, Life sentence cases, Transcript |
| 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. | 2012-10-27 | 2012 cases, Brief summary, Judgment available on MHLO, Judgment missing from Bailii, Life sentence cases, Transcript |
| R v Weekes [1999] EWCA Crim 1225 — Restricted hospital order given on appeal, instead of life imprisonment. | 2011-12-18 | 1999 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| AG's ref (no 54 of 2011) [2011] EWCA Crim 2276 — (1) The restricted hospital order was quashed and a six-year IPP imposed. The judge had failed to take into account the differences between the two regimes: (a) release on licence from IPP depends on lack of danger for any reason, whereas release from hospital order depends on lack of danger for medical reasons only; (b) an IPP licence can be revoked for danger resulting from crime, whereas a conditional discharge can only be revoked if the medical condition relapses. It was essential in this case that the power to recall upon criminal relapse was available. (2) The s45A hybrid order regime would have been perfect in this case, but it is only available to those subject to imprisonment; however, the defendant was under 21 and imprisonment is only available to those 21 or over (the court recommended that this be reconsidered). (3) The notional determinate term of 12 years was not unduly lenient. (4) The hearing was adjourned in order to allow for an immediate s47 transfer ..→ | 2011-10-24 | 2011 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| 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. | 2011-04-09 | 2011 cases, Brief summary, Judgment available on MHLO, Judgment missing from Bailii, Life sentence cases, Transcript |
| R v Welsh [2011] EWCA Crim 73 — Welsh appealed against a discretionary life sentence for diminished responsibility manslaughter, but was unsuccessful because (1) his propensity for violence, even before he suffered from paranoid schizophrenia, and the gravity of the offence, meant that public confidence would not be maintained by making a restricted hospital order, and (2) there was ample justification for the conclusion that he bore substantial responsibility and that there was a risk he would remain a source of danger even if his condition substantially improved once he received treatment and medication. | 2011-02-02 | 2011 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v Matthews [2010] EWCA Crim 1936 — The trial judge had wanted to impose a hospital order under s37 and restriction order under s41 but could not as no hospital bed was available, despite several adjournments; given the risk to the public, the judge had no alternative but to pass a sentence of imprisonment for public protection. The extension of time sought exceeded two years nine months. There was no merit in the application and accordingly the application for leave and the application to extend permission to apply out of time were refused. | 2010-08-05 | 2010 cases, Brief summary, Judgment available on MHLO, Judgment missing from Bailii, Life sentence cases, Transcript |
| R v Hughes [2010] EWCA Crim 1026 — Life sentence quashed and substituted with hospital order and restriction order. | 2010-05-13 | 2010 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| Dillon v SSHD [2002] EWHC 732 (Admin) — "This Claimant’s application is that a warrant, issued by the Secretary of State for the Home Department under section 3 of the Repatriation of Prisoners Act 1984 should be amended to substitute for the discretionary life sentence, with a tariff period of seven years, an order under section 37 of the Mental Health Act with a restriction order under section 41. Alternatively, to amend the warrant to remove the tariff period." | 2009-10-30 | 2002 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| R v Hughes [2009] EWCA Crim 841 — The court's power to entertain an appeal against sentence is not, as a matter purely of jurisdiction, removed by the fact that there has been an earlier reference of the sentence by the Attorney-General; however, in all but the wholly exceptional case, the applications for extension of time and for leave to appeal would be refused. | 2009-05-15 | 2009 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v House [2007] EWCA Crim 2559 — (1) The judge was plainly right to pass the sentence of two concurrent life sentences with a s45A order; (2) a minimum term should be specified unless the punitive and retributive element required detention for life and, on the facts, a 9-year minimum term would be set. | 2009-04-11 | 2007 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v Reid [2005] EWCA Crim 392 — Appeal against life sentence refused (the appellant would have preferred a restricted hospital order). | 2009-04-11 | 2005 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| R v Simmonds (Mark Gordon) [2001] EWCA Crim 167 — Life sentence quashed and substituted with six-year sentence. | 2009-04-11 | 2001 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| R v Newman [2000] EWCA Crim 2 — Mental illness could not be exceptional circumstance for purposes of section 2 of the Crime (Sentences) Act 1997 (automatic life sentence for second serious offence). | 2009-04-11 | 2000 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| Drew v UK 35679/03 [2006] ECHR 1172 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5. | 2009-04-09 | 2006 cases, Brief summary, ECHR, Judgment available on Bailii, Life sentence cases, Transcript |
| R v Drew [2003] UKHL 25 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5. | 2009-04-09 | 2003 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v Drew [2001] EWCA Crim 2861 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5. | 2009-04-09 | 2001 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v Aisling Murray [2008] EWCA Crim 1792 — A sentence of life imprisonment and conviction for murder was quashed, and substituted with a conviction for manslaughter on the grounds of diminished responsibility and a restricted hospital order; this was even though the appellant had pleaded guilty to murder, as her decision to plead guilty was affected by her medical condition, which also substantially reduced her responsibility for the killing. | 2008-09-13 | 2008 cases, Detailed summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v Lomey [2004] EWCA Crim 3014 — CCRC appeal against life sentence; unable now to substitute with s37/41 as no bed and MI no longer of nature or degree; substitution with absolute discharge not justified. | 2008-09-12 | 2004 cases, Brief summary, Judgment available on Bailii, Life sentence cases, Transcript |
| R v IA [2005] EWCA Crim 2077 — Life sentence or s37/41. | 2008-09-12 | 2005 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| R v Beatty [2006] EWCA Crim 2349 — Technical lifer's sentence quashed and substituted with s37/41. | 2008-02-22 | 2006 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
Article titles
The following 31 pages are in this category.
R
- R v Ahmed (2016) EWCA Crim 670
- R v Aisling Murray (2008) EWCA Crim 1792
- R v Bala (2017) EWCA Crim 1460
- R v Beatty (2006) EWCA Crim 2349
- R v Crerand (2022) EWCA Crim 962
- R v Drew (2001) EWCA Crim 2861
- R v Drew (2003) UKHL 25
- R v Fisher (2019) EWCA Crim 1066
- R v Fleming (1993) 14 Cr App R (S) 151
- R v Fort (2013) EWCA Crim 2332, (2013) MHLO 111
- R v House (2007) EWCA Crim 2559
- R v Hughes (2009) EWCA Crim 841
- R v Hughes (2010) EWCA Crim 1026
- R v IA (2005) EWCA Crim 2077
- R v Kitchener (2017) EWCA Crim 937
- R v Lomey (2004) EWCA Crim 3014
- R v Matthews (2010) EWCA Crim 1936
- R v Mbatha (1985) 7 Cr App R (S) 373
- R v Miller (2021) EWCA Crim 1955
- R v Mitchell (1997) 1 Cr App R (S) 90
- R v Newman (2000) EWCA Crim 2
- R v O (2011) EWCA Crim 376
- R v Odiowei (2013) EWCA Crim 2253, (2013) MHLO 131
- R v Petrolini (2012) EWCA Crim 2055, (2012) MHLO 105
- R v Reid (2005) EWCA Crim 392
- R v Simmonds (Mark Gordon) (2001) EWCA Crim 167
- R v Weekes (1999) EWCA Crim 1225
- R v Welsh (2011) EWCA Crim 73
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