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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Vitler v Chief of Army [2008] ADFDAT 4
DEFENCE – appeal against conviction and sentence in relation to unauthorised withdrawals from Defence Travel Card – whether Military Judge erred in failing to take account of certain evidence – application of coincidence evidence rule – whether sufficient regard had to repayment of moneys, intention to cease service and service record
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Chapman v Chief of Army [2008] ADFDAT 3
DEFENCE – appeal against convictions for forgery and use of forged documents – alleged misapplication of onus of proof – Australian Defence Force members as “public officials” performing a “public duty or function” – whether convictions unsafe and unsatisfactory – whether mistake of fact or claim of right
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Hardy v Chief of Air Force [2008] ADFDAT 2
DEFENCE – trial before General Court Martial – appellant claimed various allowances depending on her classification as a Member with Dependents (Separated) in respect of her spouse – prosecution alleged that at time of claims appellant aware marriage relationship over – appellant convicted of obtaining financial advantage and making a false…
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Z v Chief of Navy [2008] ADFDAT 1
DEFENCE – appeal against sentence – whether manifestly excessive – misuse of Commonwealth credit card – connection with illegal drug use – full restitution made – exceptional mitigating factors ; Held: appeal allowed – mitigating factors sufficient to overcome seriousness of offences