Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

The sentence of reduction in rank was not manifestly excessive or wrong in principle, given the aggravating factors of assaults in drink by a senior non-commissioned officer on a subordinate, and the need to uphold operational effectiveness and discipline. The financial consequences were not sufficient to warrant...

Source-derived case information.

Citation
[2017] EWCA Crim 648
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
Common Assault, Sentencing, Military Discipline, Reduction in Rank
Military Law Criminal Law Common Assault Sentencing Military Discipline Reduction in Rank

Source-derived case record

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 imposed by the court martial was manifestly excessive or wrong in principle
  2. 2 Whether the financial consequences of reduction in rank should affect the appropriateness of the sentence

Ratio Decidendi

The sentence of reduction in rank was not manifestly excessive or wrong in principle, given the aggravating factors of assaults in drink by a senior non-commissioned officer on a subordinate, and the need to uphold operational effectiveness and discipline. The financial consequences were not sufficient to warrant intervention, and the sentencing board properly considered all relevant factors.

Court Disposition

appeal dismissed

Orders

  • No change to sentence; reduction in rank to Bombardier stands