R v Kitchener (now known as Armel)

Sentence – Psychopathic disorder. The Court of Appeal, Criminal Division, allowed the defendant's appeal against a sentence of custody for life, with a minimum term of four years and eight months, for an offence of attempted murder. Fresh psychiatric evidence had supported the conclusion that at the time of the offence, the defendant had been suffering from a psychopathic disorder within the meaning of s 37 of the Mental Health Act 1983, as was in force at the time. Accordingly, the sentence of custody for life would be quashed and substituted for a treatment order, under s 37 of the Act, and a restriction order would be made, under s 41 of the Act.

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