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. 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

    9 Oct 2008 HEEREY J (PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

  2. 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

    28 Jul 2008 HEEREY J (PRESIDENT), MILDREN AND DUGGAN JJ(MEMBERS)

  3. 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…

    26 Mar 2008 HEEREY J (PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

  4. 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

    5 Mar 2008 HEEREY J (PRESIDENT), MILDREN & DUGGAN JJ (MEMBERS)