Attorney General's Reference No 367 of 2014

Attorney General's Reference No 367 of 2014

The sentence imposed by the Court Martial was unduly lenient, but due to the offender's mental ill-health and the principle of double jeopardy, it was unnecessary to increase the sentence on this Reference.

Parties
Applicant: Attorney General; Respondent: Offender; Victim: Victim (M)
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Criminal Reference / Appeal on Sentence (reference Under S.273 Armed Forces Act 2003)
Outcome
Reference dismissed; sentence not increased.
Legal Topics
Sentencing, Sexual Offences, Military Discipline, Mitigation, Double Jeopardy
Criminal Law Military Law Sentencing Sexual Offences Military Discipline Mitigation Double Jeopardy

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Parties

Attorney General

Applicant

Offender

Respondent

Victim (M)

Victim

Procedural Posture

Criminal Reference / Appeal on Sentence (reference Under S.273 Armed Forces Act 2003)

Legal Issues

  1. 1 Whether the sentence imposed for assault by penetration was unduly lenient
  2. 2 Appropriate consideration of aggravating and mitigating factors in sentencing
  3. 3 Impact of military employment consequences on sentencing

Ratio Decidendi

The sentence imposed by the Court Martial was unduly lenient, but due to the offender's mental ill-health and the principle of double jeopardy, it was unnecessary to increase the sentence on this Reference.

Court Disposition

Reference dismissed; sentence not increased.

Orders

  • Leave granted for Reference.
  • No increase in sentence; offender to be released as scheduled.