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. Low v Chief of Navy [2011] ADFDAT 3

    MILITARY LAW - whether Court Martial could be satisfied beyond reasonable doubt offence had occurred - whether conviction unsafe or unsatisfactory - whether substantial miscarriage of justice had occurred - refusal of application to sever pleas - unfairness - warning about credibility of complainant's evidence

    21 Nov 2011 TRACEY, WHITE & MILDREN JJ

  2. Green v Chief of Army [2011] ADFDAT 2

    CRIMINAL LAW - charge of obtaining financial advantage through false or misleading statement - in connection with an allowance- no mistaken belief as to possessory or proprietary right - defence of right open to applicant EVIDENCE - unsafe and unsatisfactory conviction alleged - new evidence - not admitted - ground not made out

    22 Jun 2011 TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & DUGGAN J – MEMBER

  3. Davis v Chief of Army [2011] ADFDAT 1

    CRIMINAL LAW - consensual fight between appellant and victim - appellant charged with assault - whether victim's consent can be relied upon as a defence - absence of consent is not an element of assault as defined by statute - consent may not be relied upon as defence to assault

    22 Feb 2011 TRACEY J (PRESIDENT), WHITE JA (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)