Courts / Kildare / Report
Army Captain's sex assault an 'aberration' in otherwise 'glittering career', lawyers argue
Summary
In a Court of Appeal hearing, the lawyers for former Army Captain Ross O'Shea argued that his sexual assault of a female non‑commissioned officer was an aberration in a glittering 17‑year career and that his dismissal from the Defence Forces was a disproportionate punishment. O'Shea was convicted in October 2022 by a General Court Martial of sexually assaulting the officer at the Officer's Mess on 25 June 2020, moving his palms up and down her back and saying "come on, come on," and of assaulting her under Section 2 of the Non‑Fatal Offences Against the Person Act 1997. The court imposed a six‑month custodial sentence suspended for one year and ordered his dismissal. O'Shea's appeal was dismissed in October 2023. The prosecution highlighted the disparity in rank, the victim's inability to defend herself due to military training, and the appellant's use of his rank to intimidate other officers. Ross O'Shea pleaded guilty.
Who, what, where, when and why
What: Report matter: Army Captain's sex assault an 'aberration' in otherwise 'glittering career', lawyers argue. Charges or matters: five charges, including charges of conduct contrary to good order and two charges of assault against the two female NCO officers contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997; two other charges and acquitted of a further seven charges while four more were withdrawn during the trial. Procedural stage: appeal. Findings: Found guilty
When:
- October 2022 Incident
- June 25, 2020 Hearing Or Sentence
- September 2022 Hearing Or Sentence
- October 14, 2022 Incident
- 2025-02-21 Publication
Case subjects
Appellant
Charges: five charges, including charges of conduct contrary to good order and two charges of assault against the two female NCO officers contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997; two other charges and acquitted of a further seven charges while four more were withdrawn during the trial (Proven)
Plea: Guilty
Finding: Found guilty
Outcome: Found guilty; A custodial sentence of six months detention in the Curragh Camp was also imposed but this was suspended for a period of one year. Launching an appeal against the severity of his sentence at the Court of Appeal today, James Dwyer SC, for O'Shea, argued that the sentence imposed by the Military Judge represented an error in principle.
Places mentioned
- Court of Appeal
Topics
Related court reports
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request