The Court of Appeal has dismissed an Army captain's challenge to the severity of sentences which included his dismissal from the Defence Forces following convictions for sexual assault and assault at McKee Barracks.
The officer, identified as R.O'S., had been convicted by court martial following incidents on June 25, 2020. He had already unsuccessfully appealed his convictions and the latest appeal concerned only the sentences imposed for sexual assault and a separate assault on a company quartermaster sergeant.
The court martial heard that the intoxicated officer put his arms around the woman, moved his hands towards the top of her buttocks and pulled her lower body towards him while saying "come on". He later grabbed her forearm and wrist during a further confrontation.
In April 2023, the Military Judge imposed six months' imprisonment for the sexual assault and three months for the assault, with both terms fully suspended for 12 months. Dismissal from the Defence Forces was also imposed for each offence.
The appellant argued that dismissal was disproportionate given his previously unblemished record, lengthy service, family circumstances, positive professional history, rehabilitation and assessed low risk of future offending.
Mr Justice Edwards, delivering the Court of Appeal judgment, said sentencing in a military court must account not only for ordinary criminal-law considerations but also for the effect of offending on military discipline and operational effectiveness.
The court accepted that the offences might possibly have attracted a non-custodial outcome in a civilian court for a first-time offender. However, the military context changed the assessment. The appellant was a commissioned officer and senior captain, the complainant was subordinate in rank, the incidents occurred in barracks while he was in uniform, and the court martial was entitled to find his conduct corrosive of discipline.
The Court of Appeal found no error of principle and held that the Military Judge was entitled to conclude that lesser penalties, including reduction in rank, would not meet the justice of the case. The sentence appeal was dismissed.