The Crown is fighting to overturn a decision not to convict an ADFA cadet who forced himself on a drunken female in her campus dormitory several years ago.
Singaporean Navy cadet Yong Benedict Ang, 22, was sentenced last year for the incident on the ADFA campus in May, 2012.
Mr Ang was put on an 18-month good behaviour order and a non-conviction order was made, a decision that the Director of Public Prosecutions is appealing.
Mr Ang had come back to his dormitory block in the early hours of May 6, after a night out in Civic.
The victim was highly intoxicated, and had been put to bed by her friends. Fellow cadets wrote on a whiteboard in the hallway that she was drunk and may need looking after.
Knowing she was drunk, Mr Ang went into her room and asked if she was awake, but received no reply. He closed the door, and lay on the bed beside her.
Mr Ang began rubbing her shoulders, before grabbing her face and attempting to kiss her.
He then blocked her nose, preventing her from breathing.
She was forced to open her mouth, and he put his tongue inside.
The Director of Public Prosecutions is seeking that a conviction be recorded after Ang was found guilty by a jury of one count of an act of indecency, describing the sentence handed down by Justice John Burns as manifestly inadequate.
Addressing the full bench in the ACT Supreme Court on Monday, DPP Jon White said Ang had expressed no remorse following the "serious offence".
He also said the fact that the offence took place in the military institution had added to the impact on the victim, stating that camaraderie and secrecy were "hallmarks" of the environment.
However Ang's counsel said the sentence took Ang's "positive character" into account and dismissed several claims by Mr White.
"He's attempting to have a second bite of the cherry," he said.
The full bench of Justices Richard Refshauge, Hilary Penfold and Ian Ross reserved its decision, allowing Ang's counsel seven days to provide relevant pages from the trial transcript.
Sign up for our newsletter to stay up to date.