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 reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the defendant, or as a matter of generally expressed mercy in the individual circumstances of the case
Rose LJ
Times 02-Jul-1996, [1997] 1 Cr App R (S) 135
European Convention on Human Rights 3
England and Wales
Cited by:
CitedHall v Regina CACD 8-Feb-2013
hall_rCACD2013
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 . .
CitedRegina 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 . .
CitedRegina 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 . .

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Updated: 26 March 2021; Ref: scu.86118