Law and Rights
The case of former Royal Marine Sergeant Alexander Blackman has again come into the news. He was sentenced by the Court Martial to life imprisonment for the murder of an already wounded Taliban fighter. His case was debated in Parliament (Westminster Hall) on Wednesday 16th September. Material has come to light which was not presented to the Court Martial and may at least have the effect of reducing the offence to one of manslaughter due to diminished responsibility. The Court Martial imposed a minimum term before eligibility for parole of 10 years but this was reduced to 8 years by the Court Martial Appeal Court. Given the new material, the Daily Mail is campaigning to have the case considered by the Criminal Cases Review Commission. The Commission has the power to refer the case to the Court Martial Appeal Court.
Court Martial Appeal - On an appeal from the Court Martial to the Court Martial Appeal Court, the minimum term to be served by Alexander Wayne Blackman was reduced to 8 years. At the time of his trial by the court martial he was referred to as Marine A. Previous posts on the case are at Murder in Helmand (11th November 2013) and Royal Marine sentenced for murder (6th December 2013). The appeal is reported on Bailii as R v Blackman [2014] EWCA Crim 1029. Readers of the judgment will be interested to note the strong mitigation detailed in paragraph 75 and the point the Lord Chief Justice makes about there being no need for an additional element in the sentence for deterrence purposes (para 76) where the LCJ stated:
' ... the particular circumstances did not require an additional term by way of deterrence to the sentence as the Court Martial found. The open and very public way in which the proceedings were conducted overall, the worldwide publicity given to the appellant's conviction, the life sentence imposed on him and the significant minimum term he must in any event serve before any consideration of parole will be sufficient deterrence.'
For further on this case, see also ICLR Weekly News
- Royal Marine Sentenced For Murder
On 11th November, the case of "Marine A" (as he was then to be known) was covered - Murder in Helmand. The Court Martial has imposed a sentence of life imprisonment with the minimum term of imprisonment before eligibility for parole set at...
- Murder In Helmand
Conviction: The Court-Martial has found Marine 'A' guilty of murder of an already wounded Taliban fighter- see The Independent 8th November. Two other Marines were acquitted. The Court Martial has jurisdiction over the case...
- Sgt. Danny Nightingale ~ Military Justice Under The Microscope (1)
Duke of Lancaster's RegimentUpdate 1st July - Court Martial to start hearing evidence ---- Sergeant Danny Nightingale will be on trial - for the second time - at the Court Martial sitting at Bulford Military Court Centre, 1st July 2013 at 10:00 am,...
- Murder: Crown Court At Preston ~ R V Cregan, Livesey, Gorman, Wilkinson, Ward And Ali
At the Crown Court (Preston) after a 77 day trial before Holroyde J and a jury, a sentence of imprisonment for life with a whole life term has been imposed on Dale Cregan. He is guilty of four murders (including two Police Officers in September...
- Sergeant Danny Nightingale ~ Court-martial And Sentence
Update 1st May 2013 - The Guardian reports ruling of judge that there was no abuse of process revealed by certain e-mails. Update 22nd March 2013 - R v Sgt Nightingale ? An unsolicited sentence indication by the trial Judge placed undue pressure...
Law and Rights
Concern over Royal Marine Sergeant convicted of murder
Court Martial Appeal - On an appeal from the Court Martial to the Court Martial Appeal Court, the minimum term to be served by Alexander Wayne Blackman was reduced to 8 years. At the time of his trial by the court martial he was referred to as Marine A. Previous posts on the case are at Murder in Helmand (11th November 2013) and Royal Marine sentenced for murder (6th December 2013). The appeal is reported on Bailii as R v Blackman [2014] EWCA Crim 1029. Readers of the judgment will be interested to note the strong mitigation detailed in paragraph 75 and the point the Lord Chief Justice makes about there being no need for an additional element in the sentence for deterrence purposes (para 76) where the LCJ stated:
' ... the particular circumstances did not require an additional term by way of deterrence to the sentence as the Court Martial found. The open and very public way in which the proceedings were conducted overall, the worldwide publicity given to the appellant's conviction, the life sentence imposed on him and the significant minimum term he must in any event serve before any consideration of parole will be sufficient deterrence.'
For further on this case, see also ICLR Weekly News
- Royal Marine Sentenced For Murder
On 11th November, the case of "Marine A" (as he was then to be known) was covered - Murder in Helmand. The Court Martial has imposed a sentence of life imprisonment with the minimum term of imprisonment before eligibility for parole set at...
- Murder In Helmand
Conviction: The Court-Martial has found Marine 'A' guilty of murder of an already wounded Taliban fighter- see The Independent 8th November. Two other Marines were acquitted. The Court Martial has jurisdiction over the case...
- Sgt. Danny Nightingale ~ Military Justice Under The Microscope (1)
Duke of Lancaster's RegimentUpdate 1st July - Court Martial to start hearing evidence ---- Sergeant Danny Nightingale will be on trial - for the second time - at the Court Martial sitting at Bulford Military Court Centre, 1st July 2013 at 10:00 am,...
- Murder: Crown Court At Preston ~ R V Cregan, Livesey, Gorman, Wilkinson, Ward And Ali
At the Crown Court (Preston) after a 77 day trial before Holroyde J and a jury, a sentence of imprisonment for life with a whole life term has been imposed on Dale Cregan. He is guilty of four murders (including two Police Officers in September...
- Sergeant Danny Nightingale ~ Court-martial And Sentence
Update 1st May 2013 - The Guardian reports ruling of judge that there was no abuse of process revealed by certain e-mails. Update 22nd March 2013 - R v Sgt Nightingale ? An unsolicited sentence indication by the trial Judge placed undue pressure...