Maynard, R. v (Rev 1) [2010] EWCA Crim 2854 (23 November 2010)

Maynard, R. v (Rev 1) [2010] EWCA Crim 2854 (23 November 2010)

Given the appellant's refusal to cooperate with psychiatric assessment, the absence of an available hospital placement, the seriousness of the offence, and the ongoing risk to the public, the only realistic and necessary course is to impose a life sentence for manslaughter on grounds of diminished responsibility, with a minimum term of ten years less time served on remand.

Citation
[2010] EWCA Crim 2854
Parties
Prosecution: Regina; Appellant: Leslie John Maynard
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Criminal Appeal / Sentencing Following Substitution of Manslaughter Conviction for Murder
Outcome
Life imprisonment for manslaughter on grounds of diminished responsibility, with a minimum term of ten years less 759 days on remand.
Legal Topics
Diminished Responsibility, Dangerousness Criteria, Indeterminate Sentences, Sentencing for Manslaughter, Psychiatric Evidence
Criminal Law Mental Health Law Diminished Responsibility Dangerousness Criteria Indeterminate Sentences Sentencing for Manslaughter Psychiatric Evidence

Case Brief

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Parties

Regina

Prosecution

Leslie John Maynard

Appellant

Procedural Posture

Criminal Appeal / Sentencing Following Substitution of Manslaughter Conviction for Murder

Legal Issues

  1. 1 Whether a hospital order with restriction or a custodial sentence is appropriate given the appellant's mental health and refusal to cooperate
  2. 2 Whether the appellant meets the statutory criteria for dangerousness justifying an indeterminate sentence
  3. 3 What is the appropriate minimum term for the life sentence for manslaughter on grounds of diminished responsibility

Ratio Decidendi

Given the appellant's refusal to cooperate with psychiatric assessment, the absence of an available hospital placement, the seriousness of the offence, and the ongoing risk to the public, the only realistic and necessary course is to impose a life sentence for manslaughter on grounds of diminished responsibility, with a minimum term of ten years less time served on remand.

Court Disposition

Life imprisonment for manslaughter on grounds of diminished responsibility, with a minimum term of ten years less 759 days on remand.

Orders

  • Specified minimum period of ten years' imprisonment from 6 March 2008, less 759 days on remand.
  • Transcript to be sent to the governor of the prison and to accompany the appellant on any transfer.