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. 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)

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

    DEFENCE – leave to appeal – extension of time for appeal

    2 Mar 2007 HEEREY J (PRESIDENT)

  3. 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

  4. 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)

  5. 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

  6. Stuart v Chief of Army [2003] ADFDAT 3

    CRIMINAL PROCEDURE - whether charge duplicitous - whether substantial miscarriage of justice; CRIMINAL PROCEDURE - failure to provide adequate particulars - whether substantial miscarriage of justice; DEFENCE AND WAR - Defence Force - service offence - breach of general order - whether provision intended to be obeyed - whether provision applied to …

    21 Aug 2003 HEEREY J , UNDERWOOD J AND MILDREN J

  7. Mocicka v Chief of Army [2003] ADFDAT 1

    DEFENCE AND WAR - Defence Force - service offences - conduct likely to bring discredit on the Defence Force - whether likelihood of conduct coming to attention of public essential

    1 Aug 2003 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

  8. Coleman v Chief of Army [2003] ADFDAT 2

    CRIMINAL LAW - theft- appellant's property in possession of police after search and seizure - whether "property belonging to another person"; CRIMINAL LAW - plea of guilty - circumstances in which conviction may be set aside

    1 Aug 2003 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

  9. Ferdinands v Chief of Army [2002] ADFDAT 3

    CRIMINAL LAW - appeal from decision of President of Tribunal refusing to grant an extension of time within which to appeal against conviction – construction of Defence Force Discipline Appeals Act 1955 (Cth) s 21 – consideration of matters relevant to the exercise of the discretion to grant an extension of time within which to appeal. CRIMINAL LAW …

    26 Jul 2002 UNDERWOOD J (DEPUTY PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

  10. Van Damme v Chief of Army [2002] ADFDAT 2

    CRIMINAL LAW - appeal from Defence Force Magistrate - convictions on three charges of assault - consent not raised at trail - no finding by Magistrate as to lack of consent - whether evidence gave rise to an inference of consent - whether substantial miscarriage of justice; CRIMINAL LAW - differing accounts given by witnesses - Magistrate…

    26 Jul 2002 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

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