Pitt and another v Holt and another – WLR Daily

Posted January 20th, 2010 in Court of Protection, law reports, mental health, receivers, setting aside by sally

Pitt and another v Holt and another [2010] WLR (D) 2

“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”

WLR daily, 19th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Judge says extraditing Gary McKinnon may be unlawful – The Guardian

Posted January 14th, 2010 in computer crime, extradition, mental health, news by sally

“The home secretary may have acted unlawfully by pursuing the extradition of the computer hacker Gary McKinnon, a high court judge said yesterday.”

Full story

The Guardian, 14th January 2010

Source: www.guardian.co.uk

Call to lift ban on jury service for people with mental illness – The Guardian

Posted January 11th, 2010 in juries, mental health, news by sally

“Ministers are facing demands to scrap an ‘unfair and discriminatory’ law that bans thousands from being jurors because they have suffered from mental ill-health.”

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The Guardian, 10th January 2010

Source: www.guardian.co.uk

M6 dash woman jailed over killing – BBC News

Posted November 27th, 2009 in diminished responsibility, homicide, mental health, news, sentencing by sally

“A woman has been jailed for killing a man she met on the day she appeared in court for punching a police officer who tried to stop her running on to the M6.”

Full story

BBC news, 26th November 2009

Source: www.bbc.co.uk

‘Failing mental health’ – BBC Law in Action

Posted November 11th, 2009 in mental health, news, prisons by sally

“Ninety percent of people in prison in England and Wales have a mental health problem.”

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BBC Law in Action, 10th November 2009

Source: www.bbc.co.uk

Alan Johnson ‘stops the clock’ on Gary McKinnon’s extradition proceedings – The Times

Posted October 27th, 2009 in computer crime, evidence, extradition, mental health, news by sally

“The Home Secretary has thrown a lifeline to Gary McKinnon, the alleged computer hacker, with a promise to examine new medical evidence “very carefully” before deciding on his extradition to the United States.”

Full story

The Times, 27th October 2009

Source: www.timesonline.co.uk

Mentally ill Briton faces execution for smuggling heroin into China – The Guardian

Posted October 12th, 2009 in China, death penalty, drug offences, mental health, news by sally

“Lawyers warn that Akmal Shaikh, 53, who has delusional psychosis, could be shot dead in jail after reports that his second appeal has failed.”

Full story

The Guardian, 11th October 2009

Source: www.guardian.co.uk

Gary McKinnon refused right to appeal to Supreme Court over extradition – Daily Telegraph

Posted October 9th, 2009 in appeals, computer crime, extradition, mental health, news by sally

“Hacker Gary McKinnon has been refused the right to appeal to the Supreme Court against his extradition to the US.”

Full story

Daily Telegraph, 9th October 2009

Source: www.telegraph.co.uk

Medics ‘flout’ community care law – BBC News

Posted September 29th, 2009 in community care, mental health, news by sally

“The government seriously underestimated the number of psychiatric patients who would need to be forced to take medication, the BBC has learned.”

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BBC News, 29th September 2009

Source: www.bbc.co.uk

Man jailed for killing stranger – BBC News

Posted September 21st, 2009 in diminished responsibility, homicide, mental health, news, sentencing by sally

“A man who stabbed a stranger to death in Manchester after hearing voices in his head has been jailed for life.”

Full story

BBC News, 21st September 2009

Source: www.bbc.co.uk

Predator jailed for sex attacks – BBC News

Posted September 9th, 2009 in attempts, kidnapping, mental health, news, rape, sentencing by sally

“A schizophrenic sexual predator who tried to rape a schoolgirl and three women in London has been detained indefinitely in a mental hospital.”

Full story

BBC News, 8th September 2009

Source: www.bbc.co.uk

Cannibal killer murdered again after mental care failures – The Guardian

Posted September 4th, 2009 in mental health, murder, news by sally

“A cannibalistic killer who murdered a friend and cooked and ate part of his brain was able to carry out two murders in two months because of ‘systemic failures’ in mental healthcare, an NHS inquiry revealed today.”

Full story

The Guardian, 4th September 2009

Source: www.guardian.co.uk

Regina v Cooper (Gary Anthony) – Times Law Reports

Posted August 7th, 2009 in consent, law reports, mental health, sexual offences by sally

Regina v Cooper (Gary Anthony)

House of Lords

“An irrational fear preventing the free exercise of choice by B was sufficient to make criminal A’s sexual touching of B who was unable to refuse through a mental disorder. Inability to communicate any choice made was not limited to physical inability.”

The Times, 7th August 2009

Source: www.timesonline.co.uk

R v C – WLR Daily

Posted August 3rd, 2009 in consent, law reports, mental health, sexual offences by sally

R v C [2009] UKHL 42; [2009] WLR (D) 272

“The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Khan – WLR Daily

Posted July 31st, 2009 in diminished responsibility, homicide, law reports, mental health by sally

R v Khan [2009] EWCA Crim 1569; [2009] WLR (D) 261

“The circumstance that, on a charge of murder, there was unchallenged expert medical evidence that the defendant suffered from such abnormality of mind as to support a defence of diminished responsibility did not of itself necessitate the withdrawal of the charge from the jury.”

WLR Daily, 29th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mental health killings increase – BBC News

Posted July 29th, 2009 in homicide, mental health, news, statistics, suicide by sally

“The number of people killed by those with a mental illness increased between 1997 and 2005, official figures show.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

‘Strangler’ awaits appeal verdict – BBC News

Posted July 14th, 2009 in appeals, diminished responsibility, mental health, news by sally

“The man dubbed the Stockwell Strangler for the murders of seven people will find out later if an appeal on mental health grounds has been successful.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Jack Straw launches first mental health courts – Ministry of Justice

Posted July 2nd, 2009 in courts, mental health, news by sally

“Problem-solving courts for offenders with mental health problems or learning disabilities, the first of their kind in England and Wales, were today formally launched by Justice Secretary Jack Straw.”

Full story

Ministry of Justice, 2nd July 2009

Source: www.justice.gov.uk

R (Allen) v Inner North London Coroner – WLR Daily

Posted July 2nd, 2009 in detention, human rights, inquests, law reports, mental health by sally

R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219

“An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to life.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NHS faces huge claim for damages – BBC News

Posted July 1st, 2009 in assault, class actions, hospitals, medical treatment, mental health, news by sally

“Lawyers are preparing a multi-million pound damages claim against the NHS for adults with learning difficulties who were abused while in care in Cornwall.”

Full story

BBC News, 1st July 2009

Source: www.bbc.co.uk