Overall challenge

Notion(s) Filing Case
Judgement on Sentencing Appeal - 18.07.2005 BABIĆ Milan

The Appellant argued that taken “either separately or in amalgamation”, the mitigating circumstances before the Trial Chamber should have attracted a lesser sentence (see Judgement on Sentencing Appeal, para. 66). At footnote 215, the Appeals Chamber found:

The Appeals Chamber will not address the issue of whether, taken “in amalgamation”, the mitigating factors referred to by the Appellant were properly weighed by the Trial Chamber. An appellant can only succeed in challenging a Trial Chamber’s decision regarding the weight afforded to a mitigating circumstance by demonstrating that the Trial Chamber committed a discernible error concerning a specific factor. As correctly stated at para. 675 of the Kvočka Appeal Judgement, “[m]ere recital of mitigating factors without more does not suffice to discharge this burden”.

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