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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Li v Chief of Army [2012] ADFDAT 1
MILITARY LAW - leave to appeal sought - granted - Restricted Court Martial - charges - creating a disturbance by causing a confrontation - service offence - whether charge not known in law - not a service charge - not capable of founding jurisdiction - ground failed - whether conviction bad for duplicity - series of acts may constitute course of…
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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
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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
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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
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Parker v Chief of Air Force [2010] ADFDAT 2
EVIDENCE – admissibility of interview with police - conducted while appellant intoxicated – no caution administered - discretion to exclude illegally obtained evidence CRIMINAL LAW - reasonable hypothesis consistent with innocence open on evidence – unreasonable or unsafe and unsatisfactory conviction recorded – defence of sudden or extraordinary…
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Watson v Chief of Army [2010] ADFDAT 3
DEFENCE AND WAR – communication of document from Appellant to defending officer – communication confidential – obtained as result of impropriety – not properly admitted
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Flynn v Chief of Army [2010] ADFDAT 1
DEFENCE AND WAR – appeal against service conviction by General Court Martial on ground that conviction unsafe or unsatisfactory – defences of involuntary intoxication and honest and reasonable mistake pursuant to Criminal Code 1995 (Cth) clearly raised by the evidence – only defence of honest and reasonable mistake raised at trial - submissions…
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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…
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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…
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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 –…