Source: All England Reporter
Publisher Citation: [2011] All ER (D) 221 (Oct)
Neutral Citation: [2011] EWCA Crim 2397
Court: Courts Martial Appeal Court
Judge:

Hooper LJ, Holroyde and Supperstone JJ

Representation Nicholas Bleaney (assigned by the Registrar of Courts Martial Appeals) for the defendant.
  Brigadier Phillip McEvoy (instructed by the Army Prosecuting Authority) for the Crown.
Judgment Dates: 26 October 2011

Catchwords

Armed Forces - Court martial - Sentence - Defendant sergeant pleading guilty to three offences of breaching standing orders - Court-martial ordering reduction in rank from sergeant to corporal - Court-martial considering conduct of defendant following commission of offences - Whether court-martial erring - Whether Court Martial Sentencing Guidelines restricting court to consideration only of facts constituting offences - Whether sentence wrong in principle or manifestly excessive.

The Case

Armed Forces Court martial. The Courts Martial Appeal Court held that a sentence imposed on a defendant, which reduced the rank of the defendant in the army from sergeant to corporal, was neither wrong in principle nor manifestly excessive. The court, in sentencing the defendant, was not restricted to a consideration only of the facts which constituted the crime itself but had been entitled to consider the subsequent conduct of the offender in connection with the offence.

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