L, R v

L, R v

Fresh psychiatric evidence established that the applicant was suffering from paranoid schizophrenia at the time of the offence, justifying substitution of the prison sentence with a hospital order under section 37 of the Mental Health Act 1983.

Parties
Applicant: G. L.; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
13 February 2003
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Robbery, Hospital Order, Fresh Evidence, Mental Illness, Sentencing
Criminal Law Mental Health Law Robbery Hospital Order Fresh Evidence Mental Illness Sentencing

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Parties

G. L.

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether fresh psychiatric evidence should be admitted on appeal
  2. 2 Whether the original sentence should be substituted with a hospital order under section 37 of the Mental Health Act 1983

Ratio Decidendi

Fresh psychiatric evidence established that the applicant was suffering from paranoid schizophrenia at the time of the offence, justifying substitution of the prison sentence with a hospital order under section 37 of the Mental Health Act 1983.

Court Disposition

appeal allowed

Orders

  • Application for leave to appeal against sentence permitted out of time.
  • Sentence of imprisonment quashed.