Hawkridge, R. v [2023] EWCA Crim 1288 (03 November 2023)

Hawkridge, R. v [2023] EWCA Crim 1288 (03 November 2023)

The Recorder failed to comply with the mandatory obligation under section 232 of the Sentencing Act 2020 to consider the likely effect of a custodial sentence on the appellant's mental condition and treatment. Given the appellant's ongoing section 3 detention, diagnosis of schizophrenia, and medical evidence recommending a hospital order, a custodial sentence was inappropriate and risked conflicting legal regimes. The appropriate disposal was a hospital order under section 37 of the Mental Health Act 1983.

Citation
[2023] EWCA Crim 1288
Parties
Respondent: Rex; Appellant: Joseph Hawkridge
Jurisdiction
England and Wales
Judgment Date
03 November 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence From Crown Court
Outcome
Appeal allowed; sentence set aside; hospital order imposed under section 37 Mental Health Act 1983.
Legal Topics
Sentencing, Hospital Orders, Mental Disorder, Protection From Harassment, Appeals
Criminal Law Mental Health Law Sentencing Hospital Orders Mental Disorder Protection From Harassment Appeals

Case Brief

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Parties

Rex

Respondent

Joseph Hawkridge

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Crown Court

Legal Issues

  1. 1 Whether the Recorder erred by not considering a mental health disposal under section 37 of the Mental Health Act 1983
  2. 2 Whether the Recorder failed to consider the effects of a custodial sentence on the appellant's mental health
  3. 3 Whether the Recorder should have ordered a second medical report

Ratio Decidendi

The Recorder failed to comply with the mandatory obligation under section 232 of the Sentencing Act 2020 to consider the likely effect of a custodial sentence on the appellant's mental condition and treatment. Given the appellant's ongoing section 3 detention, diagnosis of schizophrenia, and medical evidence recommending a hospital order, a custodial sentence was inappropriate and risked conflicting legal regimes. The appropriate disposal was a hospital order under section 37 of the Mental Health Act 1983.

Court Disposition

Appeal allowed; sentence set aside; hospital order imposed under section 37 Mental Health Act 1983.

Orders

  • Hospital order under section 37 Mental Health Act 1983 to be made; section 3 detention to cease upon making of hospital order.
  • Restraining order and other ancillary orders remain unaffected.