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|R v Hussain (2019) EWCA Crim 666||
Diminished responsibility medical evidence
"The single judge has referred the application for leave to appeal against conviction [for murder] and the extension of time application to the full court. The application for leave to appeal raises again the issue of what a trial judge should do when the sole issue to be determined at trial is the partial defence of diminished responsibility provided by section 2 of the Homicide Act 1957 (as amended) and there is unanimity amongst the psychiatric experts as to the mental health of the killer at the time of the killing."
|R v Rodi (2020) EWCA Crim 330||
Diminished responsibility sentencing
Unsuccessful appeal against s45A and 10-year sentence, in which the November 2018 sentencing guidelines for diminished responsibility manslaughter were applied.
|R v Westwood (2020) EWCA Crim 598||
Successful s45A appeal
"In the circumstances of this case there was a sound reason for departing from the need to impose a sentence with a "penal element". In view of the low level of the appellant's "retained responsibility", the likelihood that for the rest of his life he will need psychiatric treatment and supervision that can most effectively be provided through orders under sections 37 and 41 of the Mental Health Act, and the likely advantages in this case of the regime for and on his release under such orders when compared to an order under section 45A, we consider that that is the right disposal here."
|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.