Terror knifeman loses appeal
Date published: 17 February 2009
A knife-wielding paranoid schizophrenic who attacked a pregnant woman during a terrifying incident in a shop has failed to have his Draconian hospital order downgraded.
Kirk Anderson, of Ridgefield Street, Failsworth, was deemed a danger to the public and, because of his mental health problems, was sent to a secure hospital by a Manchester Crown Court judge.
Anderson (44), had appeared at the Crown Court after pleading guilty in April 2008 to theft, possession of an offensive weapon and threatening unlawful violence.
He was sentenced under Section 41 of the Mental Health Act, which means patients can only be freed if they can convince the Home Secretary or the Mental Health Review Tribunal that they are not a danger to the public.
At London’s Court of Appeal, lawyers for Anderson argued that the Section 41 order should be downgraded to a Section 37, under which it is much easier to be released.
Top judges were told that two doctors who gave evidence at the Crown Court had not recommended that a Section 41 order be made.
But Mr Justice Calvert-Smith, sitting with Lord Justice Rix and Mr Justice Walker, said that Anderson — who has been diagnosed as suffering from paranoid schizophrenia — was dangerous enough to justify the order.
The judge added that Anderson had carried out “chaotic impulsive violence” and posed a significant risk of harm to others.
On April 13, 2008, he tried to steal cheese from a shop in Oldham Street, Manchester, but was challenged by staff, including the daughter of the owner, who was seven and a half months pregnant.
Anderson pulled out a knife and dragged that woman along the floor of the shop before he was disarmed and detained.
The court heard he has a history of substance misuse as well as a lengthy criminal record stretching back to 1980, including a six year jail term.