R v O [2011] EWCA Crim 376
Life sentence quashed and s37/41 restricted hospital order substituted. The life sentence had been passed in the context of confusion about bed availability, and the lack of a second s37 recommendation. There was utility in making the Appellant a patient rather than a prisoner because: (1) it was manifestly the right order to make on all the evidence; (2) there were advantages in terms of treatment; (3) it had advantages to the Appellant in terms of benefits; (4) it would best ensure the protection of the public.
Other
Judgment: 9/2/11
Before: Gross LJ, Ramsey J, Sir Christopher Holland
Miss R Smith appeared on behalf of the Appellant
Mr M Fenhalls appeared on behalf of the Crown
Citations
[2011] All ER (D) 120 (Feb)
External link
Possible Bailii link (not there when checked last night, but might have appeared since)