Courts / Louth / Report
Soldier convicted of sexual assault wins appeal against demotion order
Summary
An ex‑soldier, aged 42, was convicted by a military court of sexual assault and four charges of conduct contrary to good order and discipline at Aiken Barracks, Dundalk, on 30 October 2013. He was sentenced to twelve weeks' detention, with the final eight weeks suspended, and was also reprimanded, fined, demoted from Corporal to Private and discharged. The Court of Appeal held that the military judge had no authority to impose discharge or rank reduction because the soldier had already been granted a discharge before sentencing. The judge found no error in the detention order but ruled that the rank reduction was an error in principle, as it would affect his pension. The soldier was re‑sentenced to one month imprisonment suspended for six months on conditions, six months imprisonment suspended for twelve months on conditions, and fined €500. The appeal rejected the claim that the punishment was excessive.
Who, what, where, when and why
What: Report matter: Soldier convicted of sexual assault wins appeal against demotion order. Procedural stage: appeal. Findings: Convicted
When:
- October 30, 2013 Incident
- 2017-01-31 Publication
Why: An ex-soldier found guilty by a military court of sexual assault in the gym of a barracks should not have been demoted from Corporal to Private by a military judge because he had already been discharged, according to the Court of Appeal. CNI source report
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; He was convicted by a board of Defence Force members and sentenced to twelve weeks detention with the final eight weeks suspended by Military Judge Colonel Michael Campion. He was re-sentenced to one month imprisonment suspended for six months on conditions, six months imprisonment suspended for 12 months on conditions and fined €500.
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