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. 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)

  2. 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)

  3. 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)

  4. McCabe v Chief of Army [2007] ADFDAT 4

    DEFENCE – appeal against conviction by Defence Force Magistrate – failure by prosecution to call a material witness at the trial – no statement taken from the witness – witness unable to be located by Military Police – whether witness was “available” – whether Defence Force Magistrate should have given himself a Jones v Dunkel direction – whether…

    4 Dec 2007 HEEREY J (PRESIDENT), UNDERWOOD CJ (DEPUTY PRESIDENT) & MILDREN J (MEMBER)

  5. Wethling v Chief of Army (No 2) [2007] ADFDAT 3

    DEFENCE – appeal against conviction by Defence Force Magistrate of forgery and using a forged document – appellant entitled to leave for service in the Australian Defence Force – applied for leave – appellant indicated an interest in acquiring a franchise – required to produce documentary evidence of future commitments – document submitted to…

    10 Sep 2007 HEEREY J (PRESIDENT), MILDREN & DUGGAN JJ (MEMBERS)

  6. Gooch v Chief of Air Force [2007] ADFDAT 2

    DEFENCE – applicant convicted by a Defence Force Magistrate on charge referred to DFM at request of Acting Director of Military Prosecutions ; Held: Referral did not have to state it was made pursuant to request of Acting DMP. ; Appointment of Acting DMP, although made before Defence Legislation Amendment Act (No 2) 2005 (Cth) came into operation, …

    7 Mar 2007 HEEREY J (PRESIDENT), UNDERWOOD CJ (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)

  7. Wethling v Chief of Army [2007] ADFDAT 1

    DEFENCE – leave to appeal – extension of time for appeal

    2 Mar 2007 HEEREY J (PRESIDENT)

  8. Fulton v Chief of Army [2005] ADFDAT 1

    CRIMINAL LAW - reckless infliction of actual bodily harm - self-defence - fear of apprehended attack - voluntarily induced intoxication - mistaken view of facts - whether conviction unreasonable, unsafe or unsatisfactory

    9 Dec 2005 HEEREY J (PRESIDENT), UNDERWOOD CJ (DEPUTY PRESIDENT) AND DUGGAN J

  9. Rogers v Chief of Army [2004] ADFDAT 1

    STATUTES - Acts of Parliament - Interpretation - Interpretation Acts and clauses - Particular Acts and Ordinances Commonwealth - Rights accrued - Liabilities accrued - Amendment to time limit within which a prosecution may be brought - Whether it has retrospective operation.

    22 Sep 2004 UNDERWOOD J (DEPUTY PRESIDENT), MILDREN J (MEMBER) AND DUGGAN J (MEMBER)

  10. Hoffman v Chief of Army [2003] ADFDAT 4

    DEFENCE AND WAR - conviction for Territory offence of common assault - whether Defence Force Magistrate had jurisdiction to try charge - whether importation of general Territory offences into defence specific legislation constitutionally valid - service offence constituted by same alleged facts - service offence outside limitation period -…

    1 Sep 2003 HEEREY, MILDREN & DUGGAN JJ

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