R v James (Daniel) - JustCite - The Good Law Guide

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1 User Commentary

Justis Editorial (Justis Staff) 30 August 2011

Sentence for espionage not excessive

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The Court of Appeal (Criminal Division) handed down judgment in the matter of R v Daniel James [2009] EWCA Crim 1261 on 25th June 2009. The defendant had worked as an interpreter whilst serving with British Forces attached to the International Security Assistance Force in Afghanistan. Having been convicted of passing information to the Iranian Military Attaché, the defendant appealed against the sentence imposed on 28th November 2008.

The Court discussed earlier case law on similar offences, such as R v Smith [1996] 1 CrAppR(S) 202. Endorsing the remarks of Lord Taylor CJ in the Smith case, the Court dismissed the appeal. Because of the nature of the betrayal of the defendant’s country and colleagues, the deterrent element of the sentence was not manifestly excessive.

database/2013-05-25T00:00:45.9730555Z/6771097

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