The appellant was a mandatory life sentence prisoner who had been convicted of murder. He was diagnosed with cancer of the colon and was receiving medication from the healthcare centre at the prison. He alleged that the Secretary of State's failure to release him on compassionate grounds interfered with his attendance for chemotherapy at hospital and attendance at a hospice for counselling and therefore amounted to a breach of the ECHR, art 3. The Court of Appeal stated that, to show a breach of the ECHR, art 3, the conduct on the part of the state must be of a serious and wholly unacceptable kind. The threshold had not been reached in the instant case.
Answer
R (on the application of Spinks) v Secretary of State for the Home Department, [2005] EWCA Civ 275
Tags
#freedom-of-person #human-rights #public
Question
The appellant was a mandatory life sentence prisoner who had been convicted of murder. He was diagnosed with cancer of the colon and was receiving medication from the healthcare centre at the prison. He alleged that the Secretary of State's failure to release him on compassionate grounds interfered with his attendance for chemotherapy at hospital and attendance at a hospice for counselling and therefore amounted to a breach of the ECHR, art 3. The Court of Appeal stated that, to show a breach of the ECHR, art 3, the conduct on the part of the state must be of a serious and wholly unacceptable kind. The threshold had not been reached in the instant case.
Answer
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Tags
#freedom-of-person #human-rights #public
Question
The appellant was a mandatory life sentence prisoner who had been convicted of murder. He was diagnosed with cancer of the colon and was receiving medication from the healthcare centre at the prison. He alleged that the Secretary of State's failure to release him on compassionate grounds interfered with his attendance for chemotherapy at hospital and attendance at a hospice for counselling and therefore amounted to a breach of the ECHR, art 3. The Court of Appeal stated that, to show a breach of the ECHR, art 3, the conduct on the part of the state must be of a serious and wholly unacceptable kind. The threshold had not been reached in the instant case.
Answer
R (on the application of Spinks) v Secretary of State for the Home Department, [2005] EWCA Civ 275
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Open it In R (on the application of Spinks) v Secretary of State for the Home Department, [2005] EWCA Civ 275, the appellant was a mandatory life sentence prisoner who had been convicted of murder. He was diagnosed with cancer of the colon and was receiving medication from the healthcare centre
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