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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Ashworth, R v [2019] EWCA Crim 1737 (18 June 2019) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2019/1737.html Cite as: [2019] EWCA Crim 1737 |
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CRIMINAL DIVISION
Strand London, WC2A 2LL |
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B e f o r e :
MRS JUSTICE SIMLER DBE
MR JUSTICE WILLIAM DAVIS
IN THE COURT MARTIAL APPEAL COURT
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R E G I N A | ||
v | ||
LEE ASHWORTH |
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Mr D Edwards appeared on behalf of the Crown
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Crown Copyright ©
This transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.
WARNING: Reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.
i. "... you said you would but you then told Lance Corporal Muteti that he was 'a fucking Kenyan' who should not be telling you what to do, and, most significantly, you were leaving the bar only because a white man had told you to and you would not allow 'a fucking Kenyan' to tell you how to behave."
i. "This was calculated, considered and demeaning racist behaviour which you spelt out to the victim in front of other local people from that same country, significantly using the words 'fucking Kenyan' and making it clear to Lance Corporal Muteti 'I am not leaving the bar because you told me to, I am leaving because a white man told me to'. It seems to us that what you did is more serious than many cases of this type which involved swearing or abuse at police officers in the heat of the moment."
i. "We do not consider it appropriate for anyone who behaved in the way you did in those circumstances to hold any rank and therefore reduction by anything less than to private soldier is inappropriate."
i. "The court should consider the specific regulations in relation to regaining rank in the offender's Service before sentencing him. The court needs to be aware of the likelihood of the offender regaining some or any rank and the probable timescale."
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