Chris Harper represented a non-commissioned officer who pleaded guilty to a single offence of disgraceful conduct of an indecent kind, under s23(1) of the Armed Forces Act 2006. The offence took place on a night out. Chris prepared a basis of plea to ensure the defendant’s account of the facts was properly presented, and ensuring his understanding of the actions of others around him was taken into account.

At the sentencing hearing Chris mitigated, relying on evidence of genuine remorse, character evidence and addressing the impact of proceedings on the defendant. He successfully argued that the prosecution had placed the offence into too high a category in the sentencing guidance, and that a significant downward adjustment should be made from the starting point in the lower category. The defendant was sentenced to a fine of 14 days’ pay, and was not dismissed or reduced in rank.

Chris Harper was instructed by Claire Hewitt of ABV Solicitors