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Drilldown: Cases

Not many cases (210 of them) have been added to the database so far. To see the full list of cases (2039) go to the Mental health case law page.

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Cases > Subject : Criminal law capacity cases or Disability discrimination or Hybrid order cases

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Showing below up to 4 results in range #1 to #4.

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Page name Sentence Summary
R (Hall) v SSJ (2018) EWHC 1905 (Admin) Autism in prison Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.
R v C (2008) EWCA Crim 1155 Capacity to consent to sexual activity If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]
R v C (2009) UKHL 42 Sexual consent For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.
R v Yuel (2019) EWCA Crim 1693 Sentence appeal - s45A (1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm Prevention Order, to be served concurrently.On appeal this was increased to 14 years with a five-year extended licence period.

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