Ashworth, R v [2019] EWCA Crim 1737 (18 June 2019)

Ashworth, R v [2019] EWCA Crim 1737 (18 June 2019)

The sentence was not wrong in principle or manifestly excessive. The offence was serious, involving calculated and demeaning racist behaviour by a senior soldier towards a junior, causing harm to the victim and the Army's reputation. Immediate custody and reduction to the ranks were necessary and appropriate penalties. Suspension of the custodial sentence and further enquiry into financial consequences were not required.

Citation
[2019] EWCA Crim 1737
Parties
Applicant: Lee Ashworth; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
18 June 2019
Procedural Posture
Criminal Appeal (court Martial) / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused
Legal Topics
Racially Aggravated Offences, Sentencing, Court Martial Procedure, Reduction in Rank, Suspension of Sentence
Criminal Law Military Law Racially Aggravated Offences Sentencing Court Martial Procedure Reduction in Rank Suspension of Sentence

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Parties

Lee Ashworth

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal (court Martial) / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 90 days' detention and reduction to the ranks was manifestly excessive
  2. 2 Whether the custodial sentence should have been suspended
  3. 3 Whether sufficient consideration was given to the financial and career consequences of reduction in rank

Ratio Decidendi

The sentence was not wrong in principle or manifestly excessive. The offence was serious, involving calculated and demeaning racist behaviour by a senior soldier towards a junior, causing harm to the victim and the Army's reputation. Immediate custody and reduction to the ranks were necessary and appropriate penalties. Suspension of the custodial sentence and further enquiry into financial consequences were not required.

Court Disposition

Application for leave to appeal against sentence refused