Maynard, R. v (Rev 1)

Maynard, R. v (Rev 1)

Appellant's dangerousness, grave nature of offence, and substantial but not total impairment of responsibility justify life imprisonment with a minimum period reflecting diminished responsibility and aggravating features.

Parties
Respondent: Regina; Applicant: Leslie John Maynard
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Criminal Appeal / Sentencing After Conviction for Manslaughter on Appeal
Outcome
Life imprisonment imposed for manslaughter on grounds of diminished responsibility; minimum period set at ten years from 6 March 2008, less 759 days on remand.
Legal Topics
Diminished Responsibility, Manslaughter, Dangerousness, Sentencing, Mental Health Act
Criminal Law Mental Health Law Diminished Responsibility Manslaughter Dangerousness Sentencing Mental Health Act

Case Brief

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Parties

Regina

Respondent

Leslie John Maynard

Applicant

Procedural Posture

Criminal Appeal / Sentencing After Conviction for Manslaughter on Appeal

Legal Issues

  1. 1 Whether a hospital order with restriction or a custodial sentence is appropriate
  2. 2 Whether the appellant satisfies statutory criteria for dangerousness
  3. 3 What form and minimum period of indeterminate sentence is appropriate

Ratio Decidendi

Appellant's dangerousness, grave nature of offence, and substantial but not total impairment of responsibility justify life imprisonment with a minimum period reflecting diminished responsibility and aggravating features.

Court Disposition

Life imprisonment imposed for manslaughter on grounds of diminished responsibility; minimum period set at ten years from 6 March 2008, less 759 days on remand.

Orders

  • Copy of transcript to be sent to prison governor and accompany appellant on any transfer.
  • Minimum period recalculated to ten years less 759 days on remand.