Surrey, R. V [2022] EWCA Crim 1379 (21 October 2022)

Surrey, R. V [2022] EWCA Crim 1379 (21 October 2022)

Fresh psychiatric evidence established that Surrey was suffering from mental disorders at the time of the offence and sentencing, meeting the criteria for a Hospital Order with Restriction Order under sections 37 and 41 of the Mental Health Act 1983. The original sentencing judge could not have imposed such an order due to lack of evidence at the time. The custodial element of the DPP sentence has long been served, and the protection of the public and Surrey's welfare are better served by a hospital order. The extension of time for appeal is justified by the late emergence of the relevant evidence. The DPP sentence is quashed and replaced with a Hospital Order and Restriction Order,...

Citation
[2022] EWCA Crim 1379
Parties
Respondent: Rex; Applicant/appellant: Paul Richard Surrey
Jurisdiction
England and Wales
Judgment Date
21 October 2022
Procedural Posture
Criminal Appeal Against Sentence / Appeal From Crown Court to Court of Appeal (criminal Division)
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Appeal Against Sentence, Hospital Order Under Mental Health Act, Detention for Public Protection (dpp), Fresh Evidence, Extension of Time, Youth Sentencing, Restriction Order
Criminal Law Mental Health Law Sentencing Appeal Against Sentence Hospital Order Under Mental Health Act Detention for Public Protection (dpp) Fresh Evidence Extension of Time +2 more

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Parties

Rex

Respondent

Paul Richard Surrey

Applicant/appellant

Procedural Posture

Criminal Appeal Against Sentence / Appeal From Crown Court to Court of Appeal (criminal Division)

Legal Issues

  1. 1 Whether fresh psychiatric evidence justifies substituting a Hospital Order with Restriction Order for a sentence of detention for public protection (DPP)
  2. 2 Whether the criteria under sections 37 and 41 of the Mental Health Act 1983 were met at the time of original sentencing
  3. 3 Whether an extension of time for appeal should be granted given the delay

Ratio Decidendi

Fresh psychiatric evidence established that Surrey was suffering from mental disorders at the time of the offence and sentencing, meeting the criteria for a Hospital Order with Restriction Order under sections 37 and 41 of the Mental Health Act 1983. The original sentencing judge could not have imposed such an order due to lack of evidence at the time. The custodial element of the DPP sentence has long been served, and the protection of the public and Surrey's welfare are better served by a hospital order. The extension of time for appeal is justified by the late emergence of the relevant evidence. The DPP sentence is quashed and replaced with a Hospital Order and Restriction Order,...

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Quash sentence of detention for public protection under section 226 Criminal Justice Act 2003 imposed on 29 March 2007
  • Impose Hospital Order under section 37 Mental Health Act 1983 with Restriction Order under section 41, unlimited in time