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August 2023
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Summary of the Case Below: The case revolves around Daniel Burrell, a 40-year-old man of no fixed address, who was sentenced for the manslaughter of Barrington Davis in Lewisham, London. Mr Davis's body was discovered in his flat after neighbours noticed a strange smell. The post-mortem examination revealed the cause of death to be multiple stab wounds. Burrell was arrested on suspicion of murder, initially released under investigation, and subsequently charged with murder in November 2019. However, following the trial at the Old Bailey, he was convicted of manslaughter. He was given a Section 37 Hospital Order, which ensures he is detained indefinitely in a secure psychiatric hospital. A Section 41 Restriction Order was also applied to regulate potential future release into the community.
Part of the Law: The law here primarily involves criminal law, specifically laws relating to manslaughter and murder. Murder is the unlawful killing of another human being with malice aforethought, whereas manslaughter lacks the element of malice. The jury convicted Burrell of manslaughter instead of murder, which could indicate that they did not find enough evidence of premeditation or intention to kill. Still, it held Burrell responsible for Davis's death. In terms of the sentences given, the Section 37 Hospital Order is a type of sentence under the Mental Health Act 1983 of UK law. This is applied when an offender is deemed to be suffering from a mental disorder of a nature or degree, warranting detention in a hospital for assessment (or for assessment followed by medical treatment). The Section 41 Restriction Order can be imposed alongside a Hospital Order. This is typically used when it is necessary to protect the public from serious harm. Possible Outcomes or Sentencing: Considering the case details, if the jury had found enough evidence of premeditation or intention, they could have convicted Burrell of murder, which carries a mandatory life sentence in the UK. The specific length of time to be served before being eligible for parole would depend on the circumstances of the crime. Alternatively, if Burrell had been deemed mentally fit and convicted of manslaughter, he could have faced a custodial sentence in prison instead of a psychiatric hospital. The sentence length would have been at the judge's discretion, guided by sentencing guidelines. Manslaughter sentences can range from a few years to life imprisonment, depending on the case's specifics. Finally, if the court had not applied for a Section 41 Restriction Order, it would have given more leeway for Burrell's release once the hospital team responsible for his care deemed him no longer a risk, subject to review by a mental health tribunal. The restriction order means that the Ministry of Justice must also agree to his discharge, adding an extra layer of public safety. A man has been sentenced for the manslaughter of Barrington Davis in Lewisham. Daniel Burrell, 40 (09.09.80) of no fixed address, appeared at the Old Bailey on Wednesday, 14 July where he was sentenced to a Section 37 Hospital Order enforcing he remain indefinitely detained in a secure psychiatric hospital. A Section 41 Restriction Order was added providing stringent control over any possibility of his release back into the community. Burrell was convicted at the same court on Tuesday, 13 July by a jury that returned a unanimous verdict finding him guilty of the manslaughter of Barrington Davis. Business crime solicitors Sheffield The jury heard at around 07:00hrs on Wednesday, 16 May 2019, police were called to an address at Torridon Road, SE6. The call was made after a resident at the multi-occupancy property raised concerns when a smell began to emanate from Mr Davis’s flat. Officers attended the address and forced entry to the flat finding the body of 54-year-old Barrington Davis inside. It was clear that he had been dead for some time. A special post-mortem took place at Greenwich Mortuary on Sunday, 19 May 2019 and found the cause of death to have been multiple stab-wounds. Daniel Burrell, then aged 39, was arrested on 18 May 2019 on suspicion of murder. He was released under investigation following police enquires was charged with Mr Davis’s murder on 4 November 2019. Burrell appeared for trial at the Old Bailey and, on 13 July was convicted of manslaughter. He was remanded in custody for sentencing as above. Detective Inspector Jo Sidaway of the Met’s Specialist Crime Command said: “Our thoughts today are with the family of Barrington Davis. “We may never know the circumstances surrounding his death and it saddens me to leave his loved ones with so many questions unanswered. I hope that they find a measure of closure now that legal proceedings are at an end. “I agree with the verdict and the sentence handed down and am relieved that Daniel Burrell will now receive the medical help that he needs in an environment where he is not a danger to others.” A spokesperson for Barrington’s family said: "Barrington was an intelligent, well-dressed, music-loving, funny and caring father, brother and uncle, who we will all miss dearly. "The verdict of manslaughter has brought some form of closure to our family and although this won’t bring Barrington back, we feel as though justice has prevailed. There will always be a void left in our hearts." source Comments are closed.
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