Ball, R. v [2026] EWCA Crim 483 (27 March 2026)

Ball, R. v [2026] EWCA Crim 483 (27 March 2026)

The summing up, though containing some unhelpful observations, did not render the trial unfair or the convictions unsafe. However, the sentence imposed was manifestly excessive due to overvaluation of aggravating factors and undervaluation of significant mitigation; a lower sentence was appropriate.

Citation
[2026] EWCA Crim 483
Parties
Prosecution: Rex; Applicant: Michael William Ball
Jurisdiction
England and Wales
Judgment Date
27 March 2026
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in Court Martial
Outcome
Conviction appeal refused; sentence appeal allowed
Legal Topics
Rape, Sexual Assault, Appeals, Sentencing, Judicial Summing Up, Mitigation, Aggravating Factors
Criminal Law Military Law Rape Sexual Assault Appeals Sentencing Judicial Summing Up Mitigation +1 more

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Parties

Rex

Prosecution

Michael William Ball

Applicant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in Court Martial

Legal Issues

  1. 1 Whether the summing up by the judge advocate was unbalanced and rendered the convictions unsafe
  2. 2 Whether the sentence imposed was manifestly excessive given the aggravating and mitigating factors

Ratio Decidendi

The summing up, though containing some unhelpful observations, did not render the trial unfair or the convictions unsafe. However, the sentence imposed was manifestly excessive due to overvaluation of aggravating factors and undervaluation of significant mitigation; a lower sentence was appropriate.

Court Disposition

Conviction appeal refused; sentence appeal allowed

Orders

  • Application for leave to appeal against conviction refused
  • Sentence of nine years' imprisonment quashed and replaced with seven and a half years' imprisonment