R v Blackman [2017] EWCA Crim 190

Court	Court Martial Appeal Court, Great Britain (UK)
Case number	2016/05551/B1 & 2016/05552/B1
Decision title	Decision on a reference by the Criminal Cases Review Commission, on appeal from the Court Martial.
Decision date	15 March 2017
Parties	Regina (the Crown) Alexander Wayne Blackman
Categories	War crimes
Keywords	execution, extrajudicial killing, Murder, manslaughter, grave breaches of the Geneva Conventions
Links	https://www.judiciary.gov.uk/wp-content/uploads/2017/03/r-v-blackman-judgment-150317.pdf
Other countries involved	Afghanistan

Summary

On 15 September 2011 a badly wounded insurgent was killed in Helmand Province, Afghanistan, by Alexander Blackman, then an Acting Colour Sergeant of the Royal Marines. In video evidence, Blackman appeared to be acting calmly and deliberately in removing the insurgent from possible observation, shooting the insurgent and giving instructions to his subordinates, including indicating “Obviously this doesn’t go anywhere, fellas. I’ve just broke the Geneva Convention”. On the basis of apparent premeditation, Blackman was convicted of murder by the court martial. In this appeal, however, the court considered fresh evidence (notably psychiatric evaluations carried out following the original conviction) suggesting that Blackman was incapable of making rational judgements or exercising self-control as a result of adjustment disorder and several “exceptional stressors”, including exhaustion, isolation, and perceived lack of leadership and support by his superiors. In light of the adjustment disorder and stressors, the court found the original conviction “unsafe” and substituted a finding of manslaughter in place of murder.

Procedural history

On 15 September 2011 a badly wounded insurgent was killed in Helmand Province, Afghanistan, by Alexander Blackman, then an Acting Colour Sergeant of the Royal Marines (para. 1). On 8 November 2013, Blackman was found guilty of murder by a court martial (para. 3) and sentenced to life imprisonment (para. 4). A summary of the sentencing decision is available in this database.

Blackman appealed against conviction and sentence (para. 5). His appeal was dismissed by the Court Martial Appeal Court, save for a reduction in the minimum term of his life sentence (para. 5). Subsequently, on 15 December 2016, the Criminal Cases Review Commission (CCRC), on the basis of further psychiatric evidence, referred the case back to the Court Martial Appeal Court for a review of conviction and sentence (para. 6).

Core legal questions

Whether the new expert evidence of psychiatrists demonstrated that the appellant suffered from an abnormality of mental functioning (adjustment disorder), which substantially impaired his ability to form a rational judgement or to exercise self-control, and provided an explanation for the killing of the insurgent (para. 7).

Court's holding and analysis

The appeals court held that, on the basis of new psychiatric evidence suggesting that the appellant had adjustment disorder, the original conviction for murder was unsafe (para. 80). It substituted, on the basis of diminished capacity, a conviction of manslaughter (para. 114). The court found that at both the time of the incident and at the time of the court martial, Blackman was incapable of making rational judgement or exercising self-control (para. 107).

It concluded: “There can be little doubt that on 15 September 2011 the appellant was angry and vengeful and had a considerable degree of hatred for the wounded insurgent. On prior deployments, similar emotions had been controlled by him. The appellant’s decision to kill was probably impulsive and the adjustment disorder had led to an abnormality of mental functioning that substantially impaired his ability to exercise self-control. In our judgement the adjustment disorder from which he was suffering at the time also impaired his ability to exercise self-control.” (Para. 112.)

The court also noted “exceptional stressors” (para. 109) on Blackman, including exhaustion, isolation, and perceived lack of leadership and support from superiors.

Instruments cited

Court Martial (Appeals) Act, 1968, United Kingdom

Homicide Act 1957 as amended by the Coroners and Justice Act, 2009, United Kingdom

Geneva Conventions, 1949

Related cases

General Court Martial held at Military Court Centre Bulford, Great Britain (UK), Regina v. Sergeant Alexander Wayne Blackman ("Marine A"), Case No. 2012CM00442