Decisions
Defence Force Discipline Appeal Tribunal decisions can be searched on the Federal Court website by selecting 'Defence Force Discipline Appeal Tribunal' under 'Court'.
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| prior to 1985
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Ferdinands v Chief of Army [2002] ADFDAT 3
CRIMINAL LAW - appeal from decision of President of Tribunal refusing to grant an extension of time within which to appeal against conviction – construction of Defence Force Discipline Appeals Act 1955 (Cth) s 21 – consideration of matters relevant to the exercise of the discretion to grant an extension of time within which to appeal. CRIMINAL LAW …
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Van Damme v Chief of Army [2002] ADFDAT 2
CRIMINAL LAW - appeal from Defence Force Magistrate - convictions on three charges of assault - consent not raised at trail - no finding by Magistrate as to lack of consent - whether evidence gave rise to an inference of consent - whether substantial miscarriage of justice; CRIMINAL LAW - differing accounts given by witnesses - Magistrate…
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Rogers v Chief of Navy [2002] ADFDAT 1
CRIMINAL LAW - jurisdiction practice and procedure - filing of information, presentment, or indictment - sufficiency of charge - no requirement to plead all elements of offence charged; CRIMINAL LAW - jurisdiction practice and procedure - filing of information, presentment, or indictment - averments - uncertainty, duplicity and ambiguity - course…