Special

Drilldown: Cases

Not many cases (252 of them) have been added to the database so far. To see the full list of cases (2079) go to the Mental health case law page.

The relevant pages (and summaries) are displayed at the bottom of this page.

Cases > Subject : Criminal law capacity cases or Life sentence cases or Sentence appeal cases & Judges : Hickinbottom or Rodger

Use the filters below to narrow your results.

Date:
Judges: (Click arrow to add another value)
Parties:

Showing below up to 2 results in range #1 to #2.

View (previous 250 | next 250) (20 | 50 | 100 | 250 | 500)

Page name Sentence Summary
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 Fisher (2019) EWCA Crim 1066

Summary of MH sentencing guidance - life sentence replaced with s37/41

Having summarised the Sentencing Council's Definitive Guideline for Manslaughter (in force 1/11/18) and the relevant available disposals under the MHA, the Court of Appeal revoked sentences of imprisonment and replaced the life sentence with a s37/41 restricted hospital order.

View (previous 250 | next 250) (20 | 50 | 100 | 250 | 500)