Dismissal from Defence Forces upheld for officer found guilty of sexual assault and assault on subordinate

The Court of Appeal dismissed an appeal brought by a commissioned officer against his dismissal from the Defence Forces following convictions at Court Martial for sexual assault and assault on a subordinate at a military barracks. While acknowledging the officer's prior unblemished service record, positive testimonials, and the suspended nature of the custodial sentences, the Court found that the seriousness of his conduct—particularly its corrosive impact on military discipline, trust, and morale—warranted dismissal rather than a lesser penalty such as reduction in rank. The Court held that the military judge did not err in principle, acted proportionately, and was entitled to judge that continued service by the officer was incompatible with the standards expected in the Defence Forces. The appeal against the severity of sentence was therefore refused, affirming the original judgment of the Court Martial.