Blackman, R. v

Blackman, R. v

The Court held that the simple majority verdict system in Courts Martial is compatible with the ECHR and does not amount to discrimination under Article 14. The conviction for murder was upheld. However, the minimum term before parole was reduced from 10 to 8 years due to greater weight being given to the mitigating factor of combat stress disorder and the unique operational circumstances.

Parties
Appellant: Regina; Respondent: Alexander Wayne Blackman; Intervener: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
22 May 2014
Procedural Posture
Criminal Appeal (court Martial) / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Murder, Court Martial Procedure, Majority Verdicts, Combat Stress Disorder, Sentencing, Article 6 ECHR, Article 14 ECHR
Criminal Law Military Law Human Rights Murder Court Martial Procedure Majority Verdicts Combat Stress Disorder Sentencing +2 more

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Parties

Regina

Appellant

Alexander Wayne Blackman

Respondent

Secretary of State for Defence

Intervener

Procedural Posture

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

Legal Issues

  1. 1 Whether s.160(1) of the Armed Forces Act 2006 (simple majority verdicts in Court Martial) is compatible with Article 6 and Article 14 ECHR
  2. 2 Whether the conviction for murder was safe given the Court Martial procedure
  3. 3 Whether the sentence imposed was appropriate given the aggravating and mitigating factors

Ratio Decidendi

The Court held that the simple majority verdict system in Courts Martial is compatible with the ECHR and does not amount to discrimination under Article 14. The conviction for murder was upheld. However, the minimum term before parole was reduced from 10 to 8 years due to greater weight being given to the mitigating factor of combat stress disorder and the unique operational circumstances.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Minimum term before parole reduced from 10 years to 8 years
  • Life sentence and dismissal from Armed Forces upheld