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Important Message:
For links to off-site caselaw resources, visit the links page. This page contains information about the Aspals Case database. The Aspals Case Updater is one of the most comprehensive collections of legal decisions impacting the UK military system. The cases listed in the database now include important Human Rights cases from home and abroad, thought to be of interest to practitioners and researchers. Below is a selection of interesting case titles, extracted from the more extensive database. To meet the increasing costs of running the site it was necessary to restrict access to the full database of indexed cases and useful documents (for which a subscription is required) via the adjacent search button. While links to free resources are maintained, some of the older decisions are now disappearing from the excellent BAILII.org site. For published articles and research assistance, a list of some of the available research materials can be viewed here. This sheet can be accessed free of charge and, if you have a password, its contents linked to directly. Please continue to support us with a donation through PayPal or by purchasing indexed judgments from the selection below. Better still, why not take out an annual subscription? Thank you. Please note: (1) while we do our best to accurately summarise content of cases, these summaries are not intended to be regarded as authoritative. Please consult the source decision; (2) Some cases have been anonymised due to their sensitive nature (eg sexual offences, offences against children and young persons or otherwise where the court has directed). An indexed case is a decision where bookmarks have been added to the text, often with hotlinks to relevant law and precedent, thus making research so much easier. They provide a 'road map' of the decision. Corrections to erroneous citations may also made and explanatory notes added where necessary. Indexed cases take quite some time to prepare, so while access is free to members, there is a modest fee for non-subscribers to reflect the work done. Non-subscribers may purchase an Indexed case by clicking on the flashing Index download button, where available. The blue hypertext links, referencing the decision, are to the database, for which a subscription is required. Case Reporting: For advocates who would like to assist with compiling the Aspals Database, please feel free to report your case. Contributions are welcome for all cases, including those in the Court Martial and Summary Appeal Court, which are not reported except, occasionally, by the press. This inevitably means that important decision are missed, as these unreported cases 'fly under the radar'. Please use this [link] to report your case. |
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| Name | Reference |
| Stanisic (Jovica) and Simatovic (Franko), The Prosecutor-v- Bosnia War, Former Yugoslavia, Joint Enterprise, Mens Rea for Joint Criminal Enterprise Liability, Actus Reus for Aiding and Abetting, Positions and Authority, Knowledge, Training Camps, Manifestly Unreasonable Sentence, Radovan Karadzic, Republika Srpska, Bosanski Samac and Sanski Most, Zvornik, Doboj Sanski Most (1992), Trnovo |
[2023] MICT-15-96-A 31 May 2023 [Summary] [Case Summary Page] |
| Barry -v- Ministry of Defence Personal injuries, noise induced hearing loss, consequential losses sustained in the course of his service, negligence, liability admitted, quantum |
[2023] EWHC 459 (KB) 3 March 2023 [BAILII Case] [Case Summary Page] |
| Toney, R-v- Policy, women in the Armed Forces, sexual harassment in the workplace, article 6, Findlay, appearance of bias, fair trial, senior officer, managerial responsibilities, delay, absence of direction not to research into the applicant, prior acquittal in 2021, serious prejudice, prior knowledge of the applicant, skiing event |
[2023] EWCA Crim 201 2 February 2023 [BAILII File] [Case Summary Page] |
| Trewin, R-v- Conduct Prejudicial to Good Order and Service Discipline, Battery, Disgraceful Conduct of an Indecent Kind, Legal Aid, Graduated Fee, Counsel's Fee, Fee taxation |
[2023] EWHC 242 (SCCO) 16 January 2023 [BAILII] [Case Summary Page] |
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Summers, R -v- Disgraceful conduct of an indecent kind/battery/JNCO/young victim/Appeal against sentence/Detention threshold/Financial Loss |
[2012] EWCA 2073 2 August 2012 [2012]- Indexed Casenote CMAC [Case Summary Page] |
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Benton and Joseph, R-v- ABH, Actual Bodily Harm, conflicting witness accounts, summing up, clarification from the court of the basis of conviction, court martial tribunal was not a jury |
[2000], Unreported 23rd February, 2000 [Case Summary Page] |
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Martin (Alan James), R -v- Appeal against sentence, Absence without Leave (AWOL), denial of request for adjournment, mitigation, compassionate circumstances, e domestic difficulties |
[2007] EWCA Crim 3377
19th December 2007 [Case Summary Page] |
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Buchanan and Falls, R-v-GOC 2 Div, The Army & Ano'r, ex p Judicial review/Sentencing/time in arrest/reason for decision |
[1998] (Summary) 14 October 1998 [Case Summary Page] |
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Armstrong, R -v- Major Robert Michael Armstrong MC Terminating Ruling, Scope of s.69 of the Army Act/s.19 of the Armed Forces Act 2006, Conduct to the Prejudice, Glock pistol, Ammunition, morphine auto-injector, classified material, substantive criminal offences, judge advocate unhappy with charges prosecutor preferred, Farquharson Guidelines, Judge's ruling, refusal to accept pleas, appropriate course for the judge to take, ECHR article 7, ignoring precedent, Dodman, legal certainty, recusal of judge |
[2012] EWCA Crim 83 1 February 2012 [BAILII] [Case Summary Page] |
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