Originally Posted by
The Old Fat One
Might want to brush up on your legal skills dude. Usually when you plead guilty ain't much to appeal about.
Originally Posted by
Just This Once...
My legal skills are rather weak, but stronger than some it seams.
He can appeal his sentence, just like everyone else in his position.
Here's some guidance on appealing the sentencing for the sea lawyers here:
2.25 Variation Proceedings (slip rule) [s 163(3)(h)]
After the Court Martial has passed a sentence, power exists [footnote 12 - Armed Forces (Court Martial) Rules 2009 rr 118 to 124] for the court to vary the sentence during the 56 days after sentence. Variation proceedings may take place of the judge’s own motion, or on the application of the prosecution or defence. The court comprises the same judge as at the sentencing proceedings and all the same lay members, or as many of them as can practicably attend in person or by live video link. The purpose of the variation proceedings is to correct legal errors in sentencing (such as a longer period of custody than the maximum for that offence, or a sentence which is not available for a person of that rank). It is not intended to be used so that discretion can be exercised differently, or because opinions have changed. A defendant wishing to seek a variation should write to the Judge Advocate General giving reasons for his application. The JAG will forward the application to the judge who sat in the sentencing proceedings for a decision as to whether to list the case for variation proceedings. There is no appeal against a judge’s decision not to proceed, but the sentence whether varied or not is still subject to appeal to the Court Martial Appeal Court.
https://www.judiciary.gov.uk/wp-cont...rt-martial.pdf
So, does the dismissal mean that he will get an 'immediate pension' plus the lump sum?
3.3.2 The Armed Forces Pension Scheme 75 (AFPS75)
Pension benefits start to build up at age 18 for other ranks/ratings and age 21 for officers.
An immediate pension is payable to other ranks/ratings after completion of 22 years service (i.e. at age 40, or later for those joining the Service after the age of 18), and to officers after completion of 16 years service (i.e. at age 37, or 38 for RAF officers, or later for those joining the Service after the age of 21).
Those who leave the service after qualifying for immediate pension also receive a tax-free lump sum worth three times the annual pension.
Originally Posted by
SATCOS WHIPPING BOY
So in the future it might be better to lie and have a chance of getting away with it, rather than tell the truth and get hung anyway.
As I've been corrected before here, I think you mean 'get hanged anyway'.
From
Blazing Saddles (1974):
[Bart returns unexpectedly after being sentenced to death]
Charlie: They said you was hung.
Bart: And they was right.