Lyons v R [2011] EWCA Crim 2808 (01 December 2011)

Lyons v R [2011] EWCA Crim 2808 (01 December 2011)

The order to undergo weapon training was lawful; the procedure for conscientious objection satisfied legal requirements and did not entitle the appellant to refuse orders pending determination; protected status under the Geneva Conventions does not preclude mandatory weapons training; and honest belief in unlawfulness is not a defence under section 12(1)(a).

Citation
[2011] EWCA Crim 2808
Parties
Appellant: Michael Peter Lyons; Respondent: R
Jurisdiction
England and Wales
Judgment Date
01 December 2011
Procedural Posture
Criminal Appeal (court Martial) / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Disobedience to Lawful Command, Conscientious Objection, Article 9 ECHR, Geneva Conventions, Sentencing
Military Law Criminal Law Human Rights Law Disobedience to Lawful Command Conscientious Objection Article 9 ECHR Geneva Conventions Sentencing

Case Brief

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Parties

Michael Peter Lyons

Appellant

R

Respondent

Procedural Posture

Criminal Appeal (court Martial) / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the order to undergo weapon training was a lawful command under section 12(1)(a) of the Armed Forces Act 2006
  2. 2 Whether the appellant's rights under Article 9 ECHR (freedom of thought, conscience and religion) were violated
  3. 3 Whether a medical assistant's protected status under the Geneva Conventions precluded mandatory weapon training

Ratio Decidendi

The order to undergo weapon training was lawful; the procedure for conscientious objection satisfied legal requirements and did not entitle the appellant to refuse orders pending determination; protected status under the Geneva Conventions does not preclude mandatory weapons training; and honest belief in unlawfulness is not a defence under section 12(1)(a).

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence affirmed