28 May 2024
Because the latest psychiatric reports did not affirm that the appellant would be suitable for release after the recommended two months and there was real risk to public safety absent continued treatment, the judge validly exercised discretion to impose hospital orders without a specified length; the leave application against sentence is therefore refused.
3 Feb 2009
Where psychiatrists cannot confidently predict a timeframe for recovery, a hospital order without a time limit is proper; given the psychiatric evidence of ongoing schizophrenia and need for compulsory inpatient treatment, the original hospital order should be upheld and leave to appeal refused.
21 Dec 2001
The Court refused leave because the sentencing judge had before him detailed psychiatric reports documenting the applicant's mild mental retardation, psychopathic personality, history of violence including a prior manslaughter, absence of improvement after prolonged treatment, and a high propensity for violence; on that evidence an indefinite Hospital Order under section 45 was the only realistic and appropriate disposition.
31 Mar 2000
The application was dismissed because the psychiatrists' contemporaneous reports established schizophrenia with active psychosis, lack of insight, a history of serious violence, relapsing illness and a propensity to repeat violence, which justified an indefinite hospital order under s.45 of the Mental Health Ordinance to protect the public and provide necessary treatment.