Lyons v R

Lyons v R

The order to undergo weapons training was lawful; the appellant's conscientious objection claim was properly processed and rejected. Article 9 ECHR does not require suspension of military duties pending determination of such a claim. The Geneva Conventions do not prohibit weapons training for medical assistants. Honest belief in unlawfulness is not a defence under section 12. The sentence was not manifestly excessive given the seriousness of the offence.

Parties
Appellant: Michael Peter Lyons; Respondent: R
Jurisdiction
England and Wales
Judgment Date
01 December 2011
Procedural Posture
Criminal Appeal / Appeal From Court Martial Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Disobedience to Lawful Command, Conscientious Objection, Military Discipline, European Convention on Human Rights Article 9
Criminal Law Military Law Human Rights Law Disobedience to Lawful Command Conscientious Objection Military Discipline European Convention on Human Rights Article 9

Case Brief

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Peter Lyons

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal From Court Martial Conviction and Sentence

Legal Issues

  1. 1 Whether the order to undergo weapon training was a lawful command in light of the appellant's claim to conscientious objection
  2. 2 Whether the appellant's rights under Article 9 of the European Convention on Human Rights were violated
  3. 3 Whether the Geneva Conventions prohibited the order for weapons training for a medical assistant

Ratio Decidendi

The order to undergo weapons training was lawful; the appellant's conscientious objection claim was properly processed and rejected. Article 9 ECHR does not require suspension of military duties pending determination of such a claim. The Geneva Conventions do not prohibit weapons training for medical assistants. Honest belief in unlawfulness is not a defence under section 12. The sentence was not manifestly excessive given the seriousness of the offence.

Court Disposition

appeal dismissed