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. 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

  2. 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)

  3. 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)

  4. 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)

  5. 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)

  6. 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)

  7. 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

  8. Quinn v Chief of Army [2001] ADFDAT 4

    DEFENCE AND WAR – appeal from conviction by Defence Force Magistrate – ill-treatment of Defence Force member of inferior rank – infantry training exercise – capture of platoon commander – held at direction of company commander for fifteen hours with head covered – exposed for two hours in hot sun – interrogated – meaning of ill-treatment in…

    22 Aug 2001 HEEREY J (PRESIDENT), UNDERWOOD J (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

  9. Havord v Chief of Navy [2001] ADFDAT 3

    DEFENCE AND WAR - appeal from conviction by Defence Force Magistrate - charge of committing an act of indecency - conflict of evidence between appellant and complainant - whether conviction unsafe or unsatisfactory - complainant making initial complaint not alleging central allegation in his testimony - DFM finding this not necessarily…

    22 Aug 2001 HEEREY J(PRESIDENT) UNDERWOOD J (DEPUTY PRESIDENT) & MILDREN J (MEMBER)

  10. Ferdinands v Chief of Army [2001] ADFDAT 2

    15 Aug 2001 HEEREY P

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