James, R v [2009] EWCA Crim 1261 (25 June 2009)

James, R v [2009] EWCA Crim 1261 (25 June 2009)

The sentence of 10 years' imprisonment was not manifestly excessive as it reflected the need for deterrence in cases of treachery by armed forces personnel, the potential for serious harm, and the aggravating context of active military operations, notwithstanding the absence of direct operational damage.

Citation
[2009] EWCA Crim 1261
Parties
Prosecution: R; Appellant: Daniel James
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Official Secrets, Espionage, Sentencing, Treachery, Military Law
Criminal Law National Security Official Secrets Espionage Sentencing Treachery Military Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R

Prosecution

Daniel James

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 10 years' imprisonment for communicating information useful to an enemy was manifestly excessive
  2. 2 Appropriate sentencing principles for offences under the Official Secrets Act involving members of the armed forces

Ratio Decidendi

The sentence of 10 years' imprisonment was not manifestly excessive as it reflected the need for deterrence in cases of treachery by armed forces personnel, the potential for serious harm, and the aggravating context of active military operations, notwithstanding the absence of direct operational damage.

Court Disposition

appeal dismissed

Orders

  • Sentence of 10 years' imprisonment upheld