The defendant had been convicted of the importation of large volumes of cocaine. He was however at the time of sentencing, ‘a man who suffers from an extremely grave combination of rare long term medical conditions which interfere with virtually all his bodily functions and require 24 hour monitoring and a very high level of constant assistance in most of the ordinary incidents of life.’ He appealed against a sentence of three years, saying that in his condition any incarceration would result in inhuman and degrading punishment.
Held: The judge had approached the issue in a diligent manner. However, it was sufficient to make an order under the 2007 Act and to amend the sentence to 18 months.
Hughes LJ, Wyn Williams, Hickinbottom JJ
[2013] EWCA Crim 82
Bailii
European Convention on Human Rights 3, Serious Crime Act 2007
England and Wales
Citing:
Cited – Regina v Bernard CACD 2-Jul-1996
The court considered the general effect of serious medical condition on sentencing, and how it should allow for such a condition.
Held: A sentencing court is fully entitled to take account of a medical condition by way of mitigation as a . .
Cited – Regina v Qazi and Another CACD 4-Nov-2010
The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights.
Held: The court set out the law. A court imposing a sentence should not concern itself with the . .
Cited – Regina v Hetherington CACD 2009
The defendant had spina bifida from birth and hydrocephalus from shortly after birth with consequent severe disabilities and medical problems. The sentencing court had before it, in support of a contention by the defendant that his imprisonment . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 12 November 2021; Ref: scu.470855
