Robber’s aggression was ‘due to brain tumour’

 

An armed robber has had his indefinite jail sentence overturned – after judges ruled that he behaved aggresively only because of a brain tumour.

Trevor Raymond Hayes, 47, was sentenced to imprisonment for public protection in July 2011 for a string of robberies, during which he put a sawn-off shotgun to the heads of customers in a post office and bank.

Hayes, of Henley-on-Thames, Oxon, a man whose previous criminal career had consisted largely of “petty theft”, also used the gun to threaten two motorists before stealing a van.

Hayes pleaded guilty to three counts of robbery, various firearm offences and arson at Oxford Crown Court, and was jailed indefinitely after the judge ruled he was a dangerous offender who posed a serious risk of future harm to the public.

But today Lord Justice Davis, Mr Justice King and Mr Justice Kenneth Parker, sitting at London’s Criminal Appeal Court, overturned the sentence after hearing that a massive undiscovered brain tumour was found to be the cause of his “aggressive and compulsive behaviour”.

The tumour, which was pressing on his frontal lobe, was discovered and removed six months after Hayes was sent to jail.

Barrister Jonathan Rose presented a medical report to the court, in which a doctor explained the “unusual scenario” and said that Hayes was no longer a public risk.

“Having removed the brain tumour, if one can keep this tumour under control, he would be unlikely to show any aggressive or compulsive behaviour,” said Mr Rose. “The concern is no longer there. It is such an unusual scenario.” Lord Justice Davis said of the new evidence: “There is a direct link between the size of the tumour and his behaviour. The evidence appears to be clear.”

Mr Justice King said it was a “highly unusual case”, adding that Hayes’ “ability to rationalise his own conduct and exercise self-control” had been negatively affected by the tumour,

“He was suffering from an abnormality of mind. Had there been no tumour, he would not have behaved as he did. One would have expected him to continue with his previous course of petty theft, not to indulge in personal threats and the use of firearms. There is nothing to suggest that he will again be a danger to the public,” the judge said.

“We are satisfied that, because of the doctor’s report, no court would conclude that there is a significant risk to the public now the tumour has been removed and the finding of dangerousness in these wholly exceptional circumstances should be set aside.”

Quashing the indefinite sentence, the judges replaced it with an 11-year jail term, of which Hayes will serve half before qualifying for automatic release.

They said that he had not reduced the sentence any further because the medical report had not concluded that Hayes had not realised he was committing crimes.

Sport
Aaron Ramsey celebrates after opening the scoring in Arsenal's win over Hull `
sport
News
peopleActress speaks out against historic sexual assault claims, saying things have 'gone quite far now'

Arts & Entertainment
A stranger calls: Martin Freeman in ‘Fargo’
tvReview: New 10-part series brims with characters and stories

Life & Style
Guests enjoy food and cocktail parings by Chefs Jimmy Bannos, Jimmy Bannos Jr, Daniel Rose and Mindy Segal with mixologists Josh King and Alex Gara at Bounty & Barrel: A Jack Daniel's Single Barrel Dinner Series at Heaven on Seven on April 9, 2014 in Chicago, Illinois.
food + drinkSprinkle Palcohol 'on almost any dish' for 'an extra kick' firm says...
Arts & Entertainment
Shaun Evans as Endeavour interviews a prisoner as he tries to get to the bottom of a police cover up
tvReview: Second series comes to close with startling tale of police corruption and child abuse
Arts & Entertainment
Schwarzenegger winning Mr. Universe 1969
arts + entsCan you guess the celebrity from these British Pathe News clips?
News
politicsLabour launches the 'completely hollow' Easter Clegg
Sport
Luis Suarez celebrates after scoring in Liverpool's 3-2 win over Norwich
sport Another hurdle is out of the way for Brendan Rodgers' side
News
Portrait of Queen Elizabeth-II by David Bailey which has been released to mark her 88th birthday
peoplePortrait released to mark monarch's 88th birthday
Arts & Entertainment
The star of the sitcom ‘Miranda’ is hugely popular with mainstream audiences
TVMiranda Hart lined up for ‘Generation Game’ revival
Life & Style
The writer, Gerda Saunders, with her mother, who also suffered with dementia before her death
healthGerda Saunders on the most formidable effect of her dementia
Arts & Entertainment
Last, but by no means least, is Tommy Cooper and the fez. This style of hat became a permanent trademark of his act.
comedyNot Like That, Like This centres on alleged domestic abuse
Arts & Entertainment
Oxegen in Ireland has been axed as promoters decide it is 'no longer viable'
arts + ents Promoters have axed the event as it is 'no longer viable in current form'
News
The troubled star is set to give fans the biggest insight into her life away from the headlines
people Star made the announcement during the final episode of the programme, entitled Lindsay
Life & Style
YouTube clocks up more than a billion users a month
mediaEuropean rival Dailymotion certainly thinks so
Have you tried new the Independent Digital Edition iPad app?

Day In a Page

Rubin ‘Hurricane’ Carter: The man who could have been champion of the world - and the Bob Dylan song that immortalised him

The man who could have been champion of the world

Rubin ‘Hurricane’ Carter and the Bob Dylan song that immortalised him
Didn’t she do well?

Didn’t she do well?

Miranda Hart lined up for ‘Generation Game’ revival
The Middle East we must confront in the future will be a Mafiastan ruled by money

The Middle East we must confront in the future will be a Mafiastan ruled by money

In Iraq, mafiosi already run almost the entire oil output of the south of the country
Before they were famous

Before they were famous

Can you guess the celebrity from these British Pathe News clips?
Martin Freeman’s casting in Fargo is genius

Martin Freeman’s casting in Fargo is a stroke of genius

Series is brimming with characters and stories all its own
How I brokered a peace deal with Robert Mugabe: Roy Agyemang reveals the delicate diplomacy needed to get Zimbabwe’s President to sit down with the BBC

How I brokered a peace deal with Robert Mugabe

Roy Agyemang reveals the delicate diplomacy needed to get Zimbabwe’s President to sit down with the BBC
Video of British Muslims dancing to Pharrell Williams's hit Happy attacked as 'sinful'

British Muslims's Happy video attacked as 'sinful'

The four-minute clip by Honesty Policy has had more than 300,000 hits on YouTube
Church of England-raised Michael Williams describes the unexpected joys in learning about his family's Jewish faith

Michael Williams: Do as I do, not as I pray

Church of England-raised Williams describes the unexpected joys in learning about his family's Jewish faith
A History of the First World War in 100 moments: A visit to the Front Line by the Prime Minister's wife

A History of the First World War in 100 moments

A visit to the Front Line by the Prime Minister's wife
Comedian Jenny Collier: 'Sexism I experienced on stand-up circuit should be extinct'

Jenny Collier: 'Sexism on stand-up circuit should be extinct'

The comedian's appearance at a show on the eve of International Women's Day was cancelled because they had "too many women" on the bill
Cannes Film Festival: Ken Loach and Mike Leigh to fight it out for the Palme d'Or

Cannes Film Festival

Ken Loach and Mike Leigh to fight it out for the Palme d'Or
The concept album makes surprise top ten return with neolithic opus from Jethro Tull's Ian Anderson

The concept album makes surprise top ten return

Neolithic opus from Jethro Tull's Ian Anderson is unexpected success
Lichen is the surprise new ingredient on fine-dining menus, thanks to our love of Scandinavian and Indian cuisines

Lichen is surprise new ingredient on fine-dining menus

Emily Jupp discovers how it can give a unique, smoky flavour to our cooking
10 best baking books

10 best baking books

Planning a spot of baking this bank holiday weekend? From old favourites to new releases, here’s ten cookbooks for you
Jury still out on Manchester City boss Manuel Pellegrini

Jury still out on Pellegrini

Draw with Sunderland raises questions over Manchester City manager's ability to motivate and unify his players