On Tuesday 9 May 2017, the Appeal against Sentence brought by LCpl A, a RMP JNCO, was successfully argued in the Court Martial Appeal Court, Royal Courts of Justice, London, by our Mr Bob Scott, who specialises in military criminal defence law.
LCpl A had been convicted after trial in the Court Martial at Bulford, of the off-duty assault of another RMP NCO. LCpl A was subsequently sentenced to 60 days detention, to be reduced to the ranks and dismissed from Her Majesty’s Service.
Bob successfully argued before Lady Justice Hallett, Mrs Justice Cheema-Grubb and Mr Justice Lavender, that the sentencing Judge Advocate and Board at the original trial, had failed to refer to the Sentencing Guidelines whilst considering sentence and had passed a sentence which was manifestly excessive and out of line with previous guidance from the Court Martial Appeal Court.
LCpl A’s sentence was quashed and substituted with a Severe Reprimand. The practical result of this case is that LCpl A is restored to RMP service in the rank of LCpl with simply a Severe Reprimand on his record of service.
