R v Cooney ; R v Allam ; R v Wood
| Jurisdiction | England & Wales |
| Judgment Date | 31 March 1999 |
| Date | 31 March 1999 |
| Court | Courts-Martial Appeal Court |
Courts-Martial Appeal Court
Before Lord Justice Rose, Mr Justice Ognall and Mr Justice Burton
Courts-martial - sentencing military personnel for civilian offences - guidelines
Guidance was given on considerations to be taken into account by courts martial when sentencing military personnel on conviction of civilian offences and by the Courts-Martial Appeal Court when hearing appeals against sentences imposed by courts-martial.
The Courts-Martial Appeal Court allowed appeals by Stephen Cooney, an army sergeant; Peter John Allam, a corporal in the Royal Air Force, and Colin John Wood, master air crew, against sentences imposed on them.
On February 6, 1998 at a General Court-Martial held at Colchester (Assistant Judge Advocate-General Woolam and the court) Cooney was found guilty of two charges of indecent assault.
He was sentenced to six months imprisonment, to be dismissed from the service and to be reduced to the ranks.
The sentence of imprisonment and the order for dismissal were quashed; four months detention was substituted.
On May 14, 1998 at a General Court-Martial held at RAF Bruggen (Deputy Judge Advocate-General (British Forces in Germany) Berkson and the court) Allam was found guilty of one charge of causing death by dangerous driving.
He was sentenced to be imprisoned for 18 months, to be dismissed from the service and to be reduced to the ranks. The sentence was quashed.
On May 18, 1998 at a General Court-Martial held at RAF Lyneham (Assistant Judge Advocate-General Miss Woollam and the court) Wood pleaded guilty to two charges of false accounting.
After review, his sentence was dismissal from the service, to be reduced to the ranks and fined £1,000. The order for dismissal was quashed and the fine was increased to £2,500.
Mr Gilbert Blades, solicitor, assigned by the Registrar of Criminal Appeals, for Cooney and Allam; Mr David Howell, solicitor, assigned by the Registrar of Criminal Appeals, for Wood; Mr Anthony Niblett and Mr Simon Morgan for the Crown.
MR JUSTICE BURTON, giving the reserved judgment of the court, said that the cases raised matters of some importance in relation to the sentencing of military personnel for civilian offences.
The issue common to all three cases was the financial consequence of the sentence to the appellant.
By virtue of section 71(3) of the Air Force Act 1955, the same sub-section of the...
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Cases
...The Queen [1999J 2 WLR698470ReadingBoroughCouncilv Ahmad (1999)163 JP 451 520Reevesv MPC[1999] 3 WLR 363 571R v Allam [1999] 3 All ER 173 563R vAllcock[1999] 1 Cr App R227342R v B (A Minor) [1999] I WLR 61 325R v Backshall[l998J1 WLR1506114R v BelmarshMagistrates'Court,ex pFionaWatts(8/2/99......
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Cases
...The Queen [1999J 2 WLR698470ReadingBoroughCouncilv Ahmad (1999)163 JP 451 520Reevesv MPC[1999] 3 WLR 363 571R v Allam [1999] 3 All ER 173 563R vAllcock[1999] 1 Cr App R227342R v B (A Minor) [1999] I WLR 61 325R v Backshall[l998J1 WLR1506114R v BelmarshMagistrates'Court,ex pFionaWatts(8/2/99......