Demotion of corporal by Court Martial held not to be disproportionate.

Criminal law – Appeal from sentence – Courts Martial Appeal – no question of jurisdiction of Court Martial – plea of guilty to assault and conduct to the prejudice of good order and discipline – pulled victim's head towards him without her consent and without lawful excuse – exposed himself in the presence of civilian and member of Defence Forces – unreservedly apologised for his conduct and freely acknowledged its unacceptability – appropriate sentence was a reduction to the army rank of private, together with a fine of €500.00 – appeal to Criminal Court of Appeal – sentence was excessive and disproportionate in the circumstances – Hogan & Morgan, Administrative Law in Ireland, (4th Ed., Roundhall). para. 15.11 – sentence must be proportionate – military judge is generally in a better position than an appellate court in deciding upon what level of penalty is appropriate – sentence was not excessive or disproportionate – leave to appeal refused.