David Wyatt sentenced for drunkenly kissing a colleague

An army man drunkenly kissed a colleague without consent during a social event in Sydney after talking for a number of hours.

David Wyatt leaves the Defence Force Magistrate's Court in Canberra. Picture: Julia Kanapathippillai

An army man who drunkenly kissed his co-worker will avoid full time military detention due to “exceptional” personal circumstances.

David Wyatt, 41, pleaded guilty to an act of indecency without consent relating to a September, 2021, incident at a social event in Sydney.

The court heard Wyatt and the woman had been talking for a number of hours at the event and he confided in her about his difficult family situation.

Wyatt then “spontaneously” kissed the woman, but stopped when she told him she didn’t consent.

David Wyatt leaves the Defence Force Magistrate's Court in Canberra after he was sentenced for an act of indecency without consent. Picture: Julia Kanapathippillai

During the sentencing hearing at the Defence Force Magistrates Court in Canberra, Wyatt and his wife gave candid evidence about the struggles facing their family.

The army man gave testimony that his wife was facing a number of serious health issues and was “dependant” on alcohol.

Wyatt said due to his wife’s health issues, he was the sole breadwinner and main caregiver for their ten-year-old child.

Army man David Wyatt told the court he was struggling with family issues. Picture: Alix Sweeney

“I’ve got to compensate,” he said.

“She’ll cook, and sometimes take (our child) to school.

“(But she’s usually) either drunk or hungover.”

The army man said if he was dismissed from the defence force he’d likely only be able to gain employment for “low paid menial work” due to his indecency conviction.

He also said his wife had been in long term employment for more than five years and had poor prospects of gaining employment to support the family.

Wyatt said he joined the ADF in 2014 initially as a reservist, but began working full time in the army in 2017, where he completed deployments in Canberra and Sydney.

He said being deployed in Sydney during Covid-19 lockdowns was difficult because he was unable to see his wife and child due to restrictions.

When Wyatt’s wife took the stand she described her husband as a “rock” for their family.

“He’s very caring, he’s a very good father, he’s compassionate, and a great provider,” she said.

She said while she was “shocked and devastated” by his “out of character” actions, she “wasn’t going anywhere”.

“I love him to bits.”

She said her daughter would suffer greatly if her husband was kicked out of the ADF.

Wyatt’s lawyer Major Brendan Green told the court dismissing him from the ADF would “plunge” his family into poverty.

“(Wyatt) wants to keep providing for his family,” he said.

In sentencing Defence Force Magistrate Group Captain Scott Geeves said Wyatt’s age and life experience should have led him to “exercise better judgement”.

“You are a middle-aged man,” he said.

He ultimately severely reprimanded Wyatt and sentenced him to 120 days military detention, which would be entirely suspended

Group Captain Geeves said he had to balance his sentence to reflect the serious nature of the crime and the exceptional circumstances of Wyatt’s family situation.

He told Wyatt it was up to him to take the opportunity he had been given by the court.

“If you disgrace yourself again you risk coming back here,” he said.