Ashworth, R v

Ashworth, R v

The sentence imposed by the Court Martial, including immediate detention and reduction to the ranks, was neither wrong in principle nor manifestly excessive given the seriousness of the racially aggravated offence, the applicant's conduct, and the impact on the victim and the Army's reputation. The Court Martial was entitled to conclude that immediate custody and reduction to private were necessary and appropriate.

Parties
Applicant: Lee Ashworth; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
18 June 2019
Procedural Posture
Criminal Appeal / Judgment on 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, Suspended Sentences
Criminal Law Military Law Racially Aggravated Offences Sentencing Court Martial Procedure Reduction in Rank Suspended Sentences

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Parties

Lee Ashworth

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The sentence imposed by the Court Martial, including immediate detention and reduction to the ranks, was neither wrong in principle nor manifestly excessive given the seriousness of the racially aggravated offence, the applicant's conduct, and the impact on the victim and the Army's reputation. The Court Martial was entitled to conclude that immediate custody and reduction to private were necessary and appropriate.

Court Disposition

Application for leave to appeal against sentence refused

Orders

  • Application for leave to appeal against sentence is refused