Source: All England Reporter
Publisher Citation: [2002] All ER (D) 72 (Jul)
Neutral Citation: [2002] EWCA Crim 1698
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Nelson and McCombe JJ

Representation Mark Summers (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 4 July 2002

Catchwords

Sentencing - Inflicting grievous bodily harm - Hospital order - Restriction order - Basis of sentence - Whether judge prejudging decision to impose restriction order - Whether judge entitled to reach decision based on medical evidence - ss 37 and 41.

The Case

The defendant's hospital order with a restriction order for an offence of inflicting grievous bodily harm pursuant to ss37 and 41 of the was appropriate because the judge had been entitled to reach her decision and had not prejudged the question of whether to impose such an order in the circumstances.

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