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. 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

  2. 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)

  3. 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

  4. 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

  5. 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)

  6. 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)

  7. 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)

  8. 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)

  9. Rogers v Chief of Navy [2002] ADFDAT 1

    CRIMINAL LAW - jurisdiction practice and procedure - filing of information, presentment, or indictment - sufficiency of charge - no requirement to plead all elements of offence charged; CRIMINAL LAW - jurisdiction practice and procedure - filing of information, presentment, or indictment - averments - uncertainty, duplicity and ambiguity - course…

    25 Jul 2002 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)

  10. Kasprzyck v Chief of Army [2001] ADFDAT 5

    CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - receiving and possession of property stolen or reasonably suspected of being stolen or unlawfully obtained - possession of property stolen or reasonably suspected of being stolen or unlawfully obtained - time - whether the property must be in possession at any particular time - whether must…

    10 Sep 2001 HEEREY, UNDERWOOD & MILDREN JJ

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