R, R v [2002] EWCA Crim 165 (17 January 2002)

R, R v [2002] EWCA Crim 165 (17 January 2002)

The restriction order under section 41 was not appropriate given the psychiatric evidence, particularly from Dr Pierzniak, and should be quashed.

Citation
[2002] EWCA Crim 165
Parties
Respondent: Regina; Appellant: MR
Jurisdiction
England and Wales
Judgment Date
17 January 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentencing Order
Outcome
appeal allowed in part
Legal Topics
Arson, Hospital Order, Restriction Order, Mental Health Act 1983
Criminal Law Mental Health Law Arson Hospital Order Restriction Order Mental Health Act 1983

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Respondent

MR

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentencing Order

Legal Issues

  1. 1 Whether the imposition of a restriction order under section 41 of the Mental Health Act 1983 was appropriate

Ratio Decidendi

The restriction order under section 41 was not appropriate given the psychiatric evidence, particularly from Dr Pierzniak, and should be quashed.

Court Disposition

appeal allowed in part

Orders

  • restriction order under section 41 quashed