Source: All England Reporter
Publisher Citation: [2001] All ER (D) 236 (Feb)
Court: Courts Martial Appeal Court
Judge:

Judge LJ, Cresswell and Ouseley JJ

Representation John MacKenzie, solicitor advocate (assigned by the Registrar of Criminal Appeals) for the defendant.
  Nigel May (instructed by the Army Prosecuting Authority) for the Crown.
Judgment Dates: 20 February 2001

Catchwords

Sentencing - Being absent from duty without leave - Armed services - Non-commissioned army officer - Whether unfair disparity between sentences imposed by army and sentences imposed by other services - Whether sentence manifestly excessive.

The Case

A sentence of 265 days' imprisonment imposed upon a defendant who pleaded guilty to being absent from the army without leave was upheld on appeal because no unfair disparity between sentences imposed by the army and sentences imposed by the other armed services for an offence of that kind was established.

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