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Sentencing – Hospital order. The defendant was sentenced to life imprisonment with a minimum term of four years for the manslaughter of his mother. He appealed on the basis that the judge should have made a hospital order under s 37 and a restriction order under s 41 of the Mental Health Act 1983. The Court of Appeal, Criminal Division, in allowing the appeal, held that the defendant would not continue to pose a significant risk of serious harm to members of the public once his mental disorder had been cured or substantially alleviated. Accordingly, a hospital order and a restriction order would be made.
Sentencing – Hospital order. The defendant was sentenced to life imprisonment with a minimum term of four years for the manslaughter of his mother. He appealed on the basis that the judge should have made a hospital order under s 37 and a restriction order under s 41 of the Mental Health Act 1983. The Court of Appeal, Criminal Division, in allowing the appeal, held that the defendant would not continue to pose a significant risk of serious harm to members of the public once his mental disorder had been cured or substantially alleviated. Accordingly, a hospital order and a restriction order would be made.
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