Peleki Sadole [2019] EWCA Crim 915

The appellant pleaded guilty to two charges of battery and one of assault occasioning actual bodily harm. At his Court Martial he was sentenced to a total o 6 months service detention, 2 months on the first batter, 1 month on the second and 3 months for the ABH, all to run consecutively.

Character references recommended that he be retained in the Navy, the appellant had no civilian or military convictions or cautions. The victim was a fellow trainee who was scratched on the first occasion and spat on and punched in the face on a second occasion. The more serious injury occurred on the third occasion when a punch to the face resulted in a wound requiring 12 sutures externally and two internally.

He appealed on the ground that this was a category 3 rather than a category 2 offence and that the Board was wrong to have rejected any suggestion of provocation in respect of the first two charges and the sentence was simply too long, with a grave financial impact.

Held: the sentence was not excessive, and it was noted that a period of service detention is not the same as a period of imprisonment and does not carry the same stigma, further, the appellant was to be retained in the service.