R v Rheines [2011] EWCA Crim 2397, [2011] All ER (D) 221 (Oct)
The wording of para 3.6.2 of the Guidance on Sentencing in Court Martial did not restrict the court martial to a consideration only of the facts which constituted the crime itself. The reference to a consideration of “how seriously the court views [the offender’s] conduct” extended to the subsequent conduct of the defendant in connection with the offence. The court was entitled to take the subsequent conduct of the defendant into account, not because the subsequent conduct made the offences themselves worse, but because it bore directly on the issue of whether the defendant had shown himself unfit to hold his rank.
