Cooper, R. v

Cooper, R. v

The appellant retained a significant degree of responsibility for the offences due to his voluntary drug use and partial regaining of control, justifying the imposition of a hybrid order under section 45A of the Mental Health Act 1983 and sentences of imprisonment for public protection with hospital and restriction orders to ensure both treatment and public safety.

Parties
Prosecutor: Regina; Appellant: Benjamin Alan Cooper
Jurisdiction
England and Wales
Judgment Date
20 September 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Manslaughter by Diminished Responsibility, Attempted Murder, Imprisonment for Public Protection, Mental Health Act Section 45 a Hybrid Orders, Diminished Responsibility, Sentencing of Mentally Disordered Offenders
Criminal Law Mental Health Law Manslaughter by Diminished Responsibility Attempted Murder Imprisonment for Public Protection Mental Health Act Section 45 a Hybrid Orders Diminished Responsibility Sentencing of Mentally Disordered Offenders

Case Brief

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecutor

Benjamin Alan Cooper

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant bore significant responsibility for the offences given his mental disorder
  2. 2 Whether the imposition of a hybrid order under section 45A of the Mental Health Act 1983 was appropriate
  3. 3 Whether the sentence of imprisonment for public protection with hospital and restriction orders was justified

Ratio Decidendi

The appellant retained a significant degree of responsibility for the offences due to his voluntary drug use and partial regaining of control, justifying the imposition of a hybrid order under section 45A of the Mental Health Act 1983 and sentences of imprisonment for public protection with hospital and restriction orders to ensure both treatment and public safety.

Court Disposition

Appeal dismissed

Orders

  • Sentence of imprisonment for public protection with a minimum term of 6 years for manslaughter and 4.5 years for attempted murder, less time on remand, confirmed
  • Hospital and restriction orders under section 45A of the Mental Health Act 1983 confirmed