Practice and Procedure

R V ANTHONY JAMES DREW (2001)

PUBLISHED December 19, 2001
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[2001] EWCA Crim 2861

Where an offender was found to have been fit to plead and it was demonstrated at trial that at the material time he had the necessary mens rea for the offence but was found to have a mental illness within the meaning of the Mental Health Act 1983, then a sentence of life imprisonment imposed under s.109 Powers of Criminal Courts (Sentencing) Act 2000 did not infringe the appellant's rights under Art.3 or Art.5 European Convention on Human Rights. * Leave to appeal to the House of Lords granted.

CA (Crim Div) (Cooke J, Bell J, Kennedy LJ)

19/12/2001

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