Navy groper Michael Burke walks free after jail time slashed

A former high-ranking sailor who groped an ‘essentially trapped’ woman in a toilet cubicle at a Hobart bar has walked free despite a court labelling his behaviour a ‘sad day for the navy’.

Former sailor Michael Burke’s jail sentence has been reduced. Picture: LinkedIn

A former high ranking sailor who groped a woman “in the sanctity of the female toilets” at a Hobart bar has had his jail sentence slashed.

Michael Burke, whose family was living in the Hunter Valley region at the time, admitted in September to groping the breasts of a female subordinate sailor in the stall of the women’s bathroom at Cargo Bar in Hobart — only stopping when a civilian woman told him to “get the f--k out”.

The Defence Force Magistrates Court in Canberra heard Burke was so forceful with the woman she had bruises on her breasts following the assault.

He also admitted to picking up and spanking the buttocks of another subordinate female sailor and rubbing the leg of the same civilian woman only minutes after she had told him off.

Michael Burke leaves the Defence Force Magistrates Court on August 31 2022. Picture: Julia Kanapathippillai

Burke also admitted he made multiple sexually explicit comments to the women during the same night out in February.

Defence Force Magistrate Major General Michael Cowan booted Burke from the defence force, reduced his rank from chief petty officer to petty officer and sentenced him to 120 days in a civilian prison with a non-parole period of 30 days.

In sentencing, Major General Cowan said he did not sentence Burke to the maximum penalty of six months jail because he pleaded guilty to all six charges against him; three counts of prejudicial conduct, assaulting a subordinate, an act of indecency without consent and an act of indecency in the third degree.

The magistrate said Burke’s intent against the “vulnerable” and “essentially trapped” woman in the cubicle was “sexual”.

“You didn’t voluntarily desist – you only did when confronted,” Major General Cowan said.

After dealing with Burke, the magistrate remarked it was a “sad day for the navy”.

Michael Burke’s jail sentence has been reduced from 120 days to 30 days. Picture: Julia Kanapathippillai

But a document now reveals Burke’s sentence was reduced to just 30 days following a successful petition against the punishments on October 5.

The petition outcome came a month after an automatic review into Burke’s sentence upheld all convictions and punishments Major General Cowan handed down.

All convictions made and punishments ordered in the Defence Force Magistrates Court are scrutinised through an automatic review within a fortnight of the sentence.

The Reviewing Authority can reduce sentences and quash convictions, but it is not able to increase punishments.

The document does not give any detail or context about the petition nor does it give any reasons why the Reviewing Authority rolled back Burke’s jail time.