Drew, R v [2001] EWCA Crim 2930 (19th December, 2001)

Drew, R v [2001] EWCA Crim 2930 (19th December, 2001)

The mandatory life sentence imposed under section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 is not incompatible with Articles 3 or 5 of the European Convention on Human Rights, even for mentally ill offenders, as the statutory assumption is rebuttable, the sentence affords greater protection to the...

Source-derived case information.

Citation
[2001] EWCA Crim 2930
Parties
Prosecutor: R; Appellant: Anthony James Drew; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Life Imprisonment, Mental Health Act, European Convention on Human Rights, Exceptional Circumstances, Protection of the Public
Criminal Law Human Rights Law Mental Health Law Sentencing Life Imprisonment Mental Health Act European Convention on Human Rights Exceptional Circumstances +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R

Prosecutor

Anthony James Drew

Appellant

Secretary of State for the Home Department

Intervener

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether mandatory life sentence under section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 is incompatible with Articles 3 and 5 of the European Convention on Human Rights for mentally ill offenders
  2. 2 Whether mental illness constitutes 'exceptional circumstances' to avoid mandatory life sentence
  3. 3 Whether the stigma of imprisonment breaches Convention rights

Ratio Decidendi

The mandatory life sentence imposed under section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 is not incompatible with Articles 3 or 5 of the European Convention on Human Rights, even for mentally ill offenders, as the statutory assumption is rebuttable, the sentence affords greater protection to the public, and there is no evidence of inhuman or degrading treatment or arbitrary deprivation of liberty.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed.