I’ve just seen this in some recent sentencing remarks in a diminished responsibility case:
"I turn to the various options in terms of sentencing. Those are: Imprisonment; a Mental Health Act order under s.37 with or without a restriction order under s.41; or a s.45A hybrid order involving treatment in hospital until fit to be transferred to prison to serve the remainder of the sentence.
The prosecution as one would expect drew my attention to R v. Voles,[sic] R v. Edwards and the more recent decision of R v. Callaghan as to the approach to be adopted when sentencing cases of manslaughter by way of diminished responsibility. "
I couldn’t find the Callaghan case anywhere online. Does anyone have it?
Thanks for your help in advance