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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  1. Hoffman v Chief of Army [2003] ADFDAT 4

    DEFENCE AND WAR - conviction for Territory offence of common assault - whether Defence Force Magistrate had jurisdiction to try charge - whether importation of general Territory offences into defence specific legislation constitutionally valid - service offence constituted by same alleged facts - service offence outside limitation period -…

    1 Sep 2003 HEEREY, MILDREN & DUGGAN JJ

  2. Stuart v Chief of Army [2003] ADFDAT 3

    CRIMINAL PROCEDURE - whether charge duplicitous - whether substantial miscarriage of justice; CRIMINAL PROCEDURE - failure to provide adequate particulars - whether substantial miscarriage of justice; DEFENCE AND WAR - Defence Force - service offence - breach of general order - whether provision intended to be obeyed - whether provision applied to …

    21 Aug 2003 HEEREY J , UNDERWOOD J AND MILDREN J

  3. Mocicka v Chief of Army [2003] ADFDAT 1

    DEFENCE AND WAR - Defence Force - service offences - conduct likely to bring discredit on the Defence Force - whether likelihood of conduct coming to attention of public essential

    1 Aug 2003 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

  4. Coleman v Chief of Army [2003] ADFDAT 2

    CRIMINAL LAW - theft- appellant's property in possession of police after search and seizure - whether "property belonging to another person"; CRIMINAL LAW - plea of guilty - circumstances in which conviction may be set aside

    1 Aug 2003 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)