EWCA Crim 1328: Case Summary

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R v Brown (2015) EWCA Crim 1328

The facts of this case are the defendant was already serving life sentences for attempted murder offences. Both the victim and the defendant were admitted as patients in a hospital, while the incident of this case happened. The defendant on the day of the incident the defendant come within reach of the victim from behind, put the victim in a headlock which lead to puncturing his head and neck with a homemade weapon. Prior to this incident the defendant had mentioned that he had been considering killing his solicitor. Before the defendants trail, his solicitor had requested for special arrangements to be put in place so that the defendant would be able to consult his lawyers without custody officers, nurses and others. But on the other hand the hospital applied for an order where that the defendant should be go along with two nurses at the least when attending any meetings with solicitors etc. subsequently the order included for the defendant to be handcuffed to the nurses due to the fact of protecting others and protecting the defendant from any form of self harm. The judge rejected the idea that the defendant should be allowed to sit …show more content…

So therefore the defendant appealed against the conviction. The defendant quoted that the judge had made a mistake when he had decided that the right to consult privately with his lawyers hadn’t been absolute but had been succeeded in a way that if wouldn’t have trumped his right of life under article 2 of the convention. Subsequently it was pointed out that the judge didn’t understand the position of the right to consult privately when two nurses from Rampton hospital listened or overheard to private conversations when it should have been police officers in that

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