Cooper, R. v [2006] EWCA Crim 2130 (28 July 2006)

Cooper, R. v [2006] EWCA Crim 2130 (28 July 2006)

The sentencing judge was entitled to impose a life sentence based on the gravity and nature of the offences, independent of the disputed psychiatric diagnosis. The judge erred in resolving a medical issue without hearing from both experts, but this did not affect the appropriateness of the sentence. Fresh evidence...

Source-derived case information.

Citation
[2006] EWCA Crim 2130
Parties
Appellant: Michael Ivan Cooper; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Life Imprisonment, Disclosure of Privileged Material, Psychiatric Evidence, Dangerousness, Appeals
Criminal Law Sentencing Life Imprisonment Disclosure of Privileged Material Psychiatric Evidence Dangerousness Appeals

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Summary, issues, holding and outcome

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Parties

Michael Ivan Cooper

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in imposing a life sentence based on a psychiatric report disclosed without authority and allegedly incorrect diagnosis
  2. 2 Whether the sentence was manifestly excessive or wrong in principle in light of fresh psychiatric evidence

Ratio Decidendi

The sentencing judge was entitled to impose a life sentence based on the gravity and nature of the offences, independent of the disputed psychiatric diagnosis. The judge erred in resolving a medical issue without hearing from both experts, but this did not affect the appropriateness of the sentence. Fresh evidence does not render the sentence manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed