Westwood, Regina v: CACD 6 May 2020

After conviction of manslaughter with diminished responsibility, the defendant now argued that the imposition of an extended sentence of imprisonment with a hospital direction under section 45A was wrong in principle, contrary, as it was, to the unanimous view of the psychiatrists involved in his case that the appropriate sentence was a hospital order under section 37 of the Mental Health Act and a restriction order under section 41; and second, that, if a sentence of imprisonment was appropriate, the custodial term of the extended sentence was manifestly excessive.

Judges:

Lord Justice Lindblom, Mr Justice Hilliard and His Honour Judge Flewitt Q.C.

Citations:

[2020] EWCA Crim 598

Links:

Bailii

Statutes:

Mental Health Act 1983 41 45A

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 24 November 2022; Ref: scu.650722