16 June Case Updates Ill-health and sentencing Sentencing, 10. Records Assessments and Site Visits, Northern Ireland, 15. Giving Oral Evidence, Stroke, hypertension After summarising the case law, the court in this case stated that there is a high threshold to be reached in order for ill health or physical disability to impinge upon the court's approach to assessing the appropriate method of sentencing an offender. This is not to say that ill health or disability will never be taken into consideration as is indicated by these terms: ‘not generally’, ‘not automatically’, ‘can take account’, ‘may enable’, ‘not in itself’, ‘it may be permissible’, ‘in appropriate cases’, ‘permissible to have regard’ and ‘purely on the basis’. Lavery, R v (Sentencing Remarks) [2026] NICC 5
26 November Case Updates Not a fundamentally dishonest stroke victim Fundamental dishonesty, 10. Records Assessments and Site Visits, performance validity testing, 11. Report Writing, 15. Giving Oral Evidence, Test of Memory and Malingering, Thrombolysis, Stroke, TOMM, DRAGON score, Modified Rankin Scale This is an important judgment for experts instructed in cases where there is an issue as to whether thrombolysis should have been carried out following a stroke. The court considered a number of relevant publications. For experts in psychiatry and psychology, it is important as it illustrates how the court tests evidence in cases involving performance validity testing. Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 (KB)