2023

Cases Reported

Sy v Italy (Note)	1
Issue: Whether failure to place a detainee with mental health needs in a therapeutic setting even after court orders breached Arts 3, 5(1), 6 and 13 ECHR; whether 35 days to transfer him to a suitable setting after the Court made an order under r39 Rules of Court breached Art 34.

Peter Tredget v R	3
Issue: WWhether convictions for multiple arson and manslaughter charges to which the appellant confessed and pleaded guilty were safe in light of further evidence, including as to his vulnerability and suggestibility; the approach to appeals following guilty pleas.

Marc Traylor and Kitanna Traylor v Kent and Medway NHS Social Care Partnership Trust	39
Issue: Whether there was a breach of a duty of care to a patient removed from a Community Treatment Order who subsequently deteriorated after not taking prescribed medication, attacked his daughter during a psychotic episode, was shot by police officers and later detained in hospital after being found Not Guilty by Reason of Insanity of attempted murder; whether there was a breach of the duty to protect the daughter under Arts 2 or 3 ECHR.

Dragan Kovačević v Croatia	62
Issue: Whether the refusal to award legal costs for making a complaint before the Constitutional Court concerning divestment of legal capacity breached Art 6 ECHR.

Alexander Lewis-Ranwell v (1) G4S Health Services (UK) Ltd, (2) The Chief Constable of Devon and Cornwall Police, (3) Devon Partnership NHS Trust, and (4) Devon County Council	77
Issue: Whether an action alleging negligent treatment of a man who killed 3 people but was found Not Guilty by Reason of Insanity should be struck out on account of the defence of illegality.

AY v Russia	96
Issue: Whether Art 5(1)(e) ECHR was breached when the person detained in a psychiatric setting was not present at the relevant court hearing but was represented by family members and a lawyer.

Neil Anthony Johnson v R	98
Issue: Whether pleas of guilty to various sexual offences and an offence of harassment by a man with a learning disability were equivocal and should be withdrawn.