R v Martin Anthony Toney

R v Martin Anthony Toney

The Court found no arguable ground that the conviction was unsafe, holding that the Board was properly constituted, pre-trial enquiries and judicial directions eliminated risk of bias, and there was no evidence of improper conduct or prejudice. The appearance of bias was not established under the Porter v Magill test.

Parties
Applicant: Martin Anthony Toney; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction Before Full Court
Outcome
renewed application for leave to appeal conviction refused
Legal Topics
Sexual Assault, Fair Trial, Bias, Court Martial Procedure, Reporting Restrictions
Criminal Law Military Law Human Rights Sexual Assault Fair Trial Bias Court Martial Procedure Reporting Restrictions

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Parties

Martin Anthony Toney

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction Before Full Court

Legal Issues

  1. 1 Whether the composition of the Court Martial Board created a real danger of bias
  2. 2 Whether the applicant's right to a fair trial under Article 6 was infringed
  3. 3 Whether the conviction was unsafe due to alleged prejudice or improper conduct by Board members

Ratio Decidendi

The Court found no arguable ground that the conviction was unsafe, holding that the Board was properly constituted, pre-trial enquiries and judicial directions eliminated risk of bias, and there was no evidence of improper conduct or prejudice. The appearance of bias was not established under the Porter v Magill test.

Court Disposition

renewed application for leave to appeal conviction refused

Orders

  • Application for leave to appeal conviction refused
  • No permission granted to pursue appeal against sentence out of time; proper procedure must be followed