Source: All England Reporter
Publisher Citation: [2012] All ER (D) 102 (Aug)
Court: Court of Appeal, Criminal Division

Davis LJ, Treacy and Slade JJ (judgment delivered extempore)

Representation Pete Weatherby QC (instructed by David Gray Solicitors LLP, Newcastle) for the defendant.
  Roderick Hunt (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 15 August 2012


Sentence - Custodial sentence - Dangerous offenders - Defendant committing offences involving violence - Defendant being sentenced separately for offences - Sentencing judges imposing life imprisonment with a minimum term - Medical evidence subsequently showing defendant suffering psychotic mental illness prior to committing offences - Defendant appealing sentence - Defendant submitting more appropriate to impose hospital order - Whether life imprisonment should be substituted by a hospital order.

The Case

Sentence Custodial sentence. The Court of Appeal, Criminal Division, allowed the defendant's appeals and substituted two concurrent sentences of life imprisonment with a hospital order, since it had been evident that the defendant had been suffering a psychotic illness prior to committing his offences and the sentencing judges had not been aware of that illness.

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