Martin, R, v

Martin, R, v

The sentence of reduction in rank was not manifestly excessive nor outside the relevant sentencing guidance, given the aggravating factors of assaults in drink by a senior non-commissioned officer on a subordinate, and the disciplinary considerations central to service life; financial consequences did not warrant...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Daniel Jeffrey Martin
Jurisdiction
England and Wales
Judgment Date
25 May 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Common Assault, Reduction in Rank, Service Discipline
Military Law Criminal Law Sentencing Common Assault Reduction in Rank Service Discipline

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Daniel Jeffrey Martin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of reduction in rank was manifestly excessive
  2. 2 Whether the sentence was outside relevant sentencing guidelines
  3. 3 Whether post-sentence discharge and financial consequences warranted intervention

Ratio Decidendi

The sentence of reduction in rank was not manifestly excessive nor outside the relevant sentencing guidance, given the aggravating factors of assaults in drink by a senior non-commissioned officer on a subordinate, and the disciplinary considerations central to service life; financial consequences did not warrant intervention.

Court Disposition

Appeal dismissed

Orders

  • Sentence of reduction in rank to Bombardier upheld
  • No separate penalty for first count