C. v Convening Authority

• Jurisdiction: Ireland
• Judgment Date: 01 January 1998
• Date: 01 January 1998
• Docket Number: [No. 3 C.M. of 1994]
• Court: Courts-Martial Appeal Court

(C.M.A.C.)

In re C

- Personal rights - Privacy - Defence forces -Whether prohibiting sexual activity in home between members of differing rank an unconstitutional invasion of right of privacy.

Section 168(1) of the Defence Act, 1954, states:- "Every person subject to military law who commits any act, conduct, disorder or neglect to the prejudice of good order and discipline is guilty of an offence against military law …" Sub-section 3 of the same section reads:- "(a) the contravention (by act or omission) by any person of - (i) any of the provisions of this Act, or (ii) any regulations, orders or instructions published for the general information and guidance of that portion of the Defence Forces to which that person belongs to or to which he is attached, or (iii) any general, garrison, unit, station, standing or local orders, is an act...