B was arrested by police following the fatal stabbing of an elderly man on a mobility scooter. B had suffered from and exhibited signs of mental illness, but which had remained undetected and undiagnosed for a long period of time. Despite a listing for trial the defence raised a number of concerns about B’s mental health and highly disturbed hallucinatory behaviour, which had continued to deteriorate. The court ordered B to be transferred to a psychiatric hospital. After a period of observation, assessment and treatment in a high security psychiatric hospital it was discovered that B suffered from paranoid schizophrenia and was in the grips of active psychosis at the time of the offence. The prosecution subsequently accepted guilty pleas to manslaughter and possession of a knife on the grounds of diminished responsibility.
At sentencing, which was broadcasted, the court had to consider a custodial sentence, hybrid order and hospital order. Following the calling of psychiatric evidence and submissions B was made subject to a hospital order with restriction.
Anand Beharrylal KC led Malik Alderi instructed by Ricky Arora of Messrs ALH Solicitors.
Press:
https://www.bbc.co.uk/news/uk-england-london-68991020
https://www.independent.co.uk/news/uk/crime/lee-byer-thomas-ohalloran-jailed-b2541841.html
Cases | 4 Jun 24
Author:
Anand Beharrylal KC
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