Stredwick, R. v [2020] EWCA Crim 650 (05 March 2020)

Stredwick, R. v [2020] EWCA Crim 650 (05 March 2020)

The appellant was suffering from paranoid schizophrenia at the time of the index offence and continues to do so. All psychiatric evidence supports that a hospital order under section 37 with a section 41 restriction order is the most suitable and proportionate disposal, as it provides necessary treatment and risk...

Source-derived case information.

Citation
[2020] EWCA Crim 650
Parties
Applicant: Christopher Stredwick; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
05 March 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Arson, Imprisonment for Public Protection (ipp), Hospital Order, Mental Disorder, Restriction Order, Fresh Evidence, Sentencing
Criminal Law Mental Health Law Arson Imprisonment for Public Protection (ipp) Hospital Order Mental Disorder Restriction Order Fresh Evidence +1 more

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Parties

Christopher Stredwick

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence of imprisonment for public protection should be quashed and replaced with a hospital order under section 37 of the Mental Health Act 1983 with a restriction order under section 41 due to the appellant's mental disorder and new psychiatric evidence.

Ratio Decidendi

The appellant was suffering from paranoid schizophrenia at the time of the index offence and continues to do so. All psychiatric evidence supports that a hospital order under section 37 with a section 41 restriction order is the most suitable and proportionate disposal, as it provides necessary treatment and risk management for the appellant and protection for the public. The requirements of section 37(2)(a)(i) and (b) are satisfied, and there is no realistic alternative method of treatment or risk management.

Court Disposition

appeal allowed

Orders

  • The sentence of imprisonment for public protection imposed on 14 May 2008 is quashed.
  • A hospital order under section 37 of the Mental Health Act 1983 is substituted.