Price & Anor v R

Price & Anor v R

The conviction was safe as the Board was properly directed to judge negligence against the standard of a reasonable serviceman with the appellant’s training and experience at the relevant time. The sentences of detention and dismissal were excessive given the circumstances, lack of recklessness, and low future risk; reduction to the ranks and lesser detention were appropriate.

Parties
1st Appellant: Patrick David Lamond Price; 2nd Appellant: Colin James Bell; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 February 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeals against sentence allowed.
Legal Topics
Negligent Performance of Duty, Service Law Offences, Sentencing, Dismissal From Service
Military Law Criminal Law Negligent Performance of Duty Service Law Offences Sentencing Dismissal From Service

Case Brief

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Parties

Patrick David Lamond Price

1st Appellant

Colin James Bell

2nd Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 What is the appropriate standard of care for negligent performance of duty under section 15(2) Armed Forces Act 2006?
  2. 2 Should lack of training and experience affect the standard of care?
  3. 3 Was the conviction for negligence safe?

Ratio Decidendi

The conviction was safe as the Board was properly directed to judge negligence against the standard of a reasonable serviceman with the appellant’s training and experience at the relevant time. The sentences of detention and dismissal were excessive given the circumstances, lack of recklessness, and low future risk; reduction to the ranks and lesser detention were appropriate.

Court Disposition

Appeal against conviction dismissed; appeals against sentence allowed.

Orders

  • Sentence of 21 months detention for Price quashed and substituted with 15 months detention.
  • Sentence of 14 months detention for Bell quashed and substituted with 12 months detention.