IPP sentence quashed as learning disability was not taken into consideration

In R v Fletcher (2012), an IPP sentence was quashed and a restricted hospital order substituted in its place as the Judge had not properly been informed as to the appellant's mental state. 

The original reports focussed on mental illnesses which the appellant did not suffer from rather than learning disability which he did suffer from.

This deemed that the appellant did not have capacity to be considered dangerous. 

By Sarah Calvert Dunn