The defendant had been found guilty of manslaughter by virtue of diminished responsibility. He had been 17, and a technically incorrect sentence of life imprisonment had been passed. There had been conflicting diagnoses of his condition between dissociative and schizoid personality disorders.
Held: The sentencing judge had to ask whether he was required to impose on the appellant a sentence of imprisonment for life, and: ‘in a case such as the present . . the sentencing judge has to evaluate whether, given the history of the offender up to the time that the relevant offence was committed, the risk of committing further offences is one that would be triggered by virtue a relapse in the mental condition of the offender or by virtue of a relapse into a criminal lifestyle. . . if, in the opinion of the court, the offender poses 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, then the sentence to be imposed must recognise and focus on that residual risk.’
Aikens LJ, Simon J, Morris QC J
[2013] EWCA Crim 2332
Bailii
Criminal Justice Act 2003 225(2), Criminal Courts (Sentencing) Act 2000 82A
England and Wales
Citing:
Cited – Wood, Regina v (No 2) CACD 2-Apr-2009
The defendant appealed against his sentence to life imprisonment after conviction for manslaughter on the grounds of diminished responsibility.
Held: The court faced two questions. Did the case require a sentence of life imprisonment, and also . .
Cited – Regina v Kehoe CACD 8-Apr-2008
The defendant appealed against the imposition of a life sentence with a minimum of four and a half years imprisonment through section 225.
Held: A finding under section 225 would lead to adequate protection against the defendant, and the . .
Cited – Welsh v Regina CACD 1-Feb-2011
The defendant was convicted of manslaughter with diminished responsibility. The court was now asked whether it was correct to order a discretionary life sentence or to impose a hospital order pursuant to section 37 of the 1983 Act, with a . .
Cited – Regina v Drew HL 8-May-2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 27 November 2021; Ref: scu.518989
