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. Carmichael v Chief of Navy [2009] ADFDAT 3

    PRACTICE AND PROCEDURE – application for an extension of time within which to appeal against conviction – consideration of matters relevant to the exercise of the discretion to grant an extension of time within which to appeal – consideration of how the discretion granted by s 21(b) of the Defence Force Discipline Appeals Act 1955 (Cth) should be…

    18 May 2009 TRACEY J (PRESIDENT), MILDREN J (MEMBER) AND DUGGAN J (MEMBER)

  2. Pook v Chief of Army [2009] ADFDAT 1

    DEFENCE – appeal from Australian Military Court – Corporal convicted of reckless threat to kill another corporal – defence that act was a threat of self-harm rather than threat to kill another – whether Military Judge failed to identify inconsistent statements and to direct as to use of consistent statements – whether error in regard to…

    13 Feb 2009 HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)

  3. Stapleton v Chief of Army [2009] ADFDAT 2

    DEFENCE – appeal from Australian Military Court – corporal convicted of breach of general orders prohibiting “fraternisation” by making inappropriate sexual advances toward recruit – sentence of reduction in rank to private – whether failure by prosecution to call a witness resulted in material irregularity or substantial miscarriage of justice –…

    13 Feb 2009 HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)