18 Jul 2008
The appeal is dismissed because the magistrate properly relied on psychiatric evidence showing long-term schizophrenia, psychosis at the time of the offence, lack of insight and inability to maintain follow-up treatment; the four month hospital order was recommended by psychiatrists and was not excessive in the circumstances.
4 May 2005
The appellate court dismissed the application because the sentencing judge had properly considered the psychiatric reports, the serious and brutal facts, the applicant's history and uncertain prognosis and was entitled to impose a ten year term for treatment and public protection; the sentence was not manifestly excessive.
28 Oct 2003
The sentencing judge's imposition of a three-month Hospital Order under s45 was supported by psychiatric evidence diagnosing schizophrenia and recommending compulsory treatment, and thus was within judicial discretion and not open to appellate interference; the application is dismissed.
22 Feb 2001
The Magistrate acted within proper sentencing discretion in imposing a four‑month Hospital Order because the offence was minor but was connected to the appellant's diagnosed schizophrenia and inpatient treatment was recommended; the appeal against sentence is dismissed.
5 Sept 2000
Psychiatric evidence established the applicant suffered chronic schizophrenia, had not recovered and lacked insight, posing a danger to the community; on that basis the hospital order for detention for an unspecified period was justified and must be upheld, with release to be determined by the Mental Health Review Tribunal under s.59E.