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. 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

    11 Oct 2010 TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & MILDREN J - MEMBER

  2. 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…

    11 Jun 2010 TRACEY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) & MILDREN J (MEMBER)

  3. 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…

    18 May 2009 TRACEY J (PRESIDENT), MILDREN J (MEMBER) AND DUGGAN J (MEMBER)

  4. 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…

    13 Feb 2009 HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)

  5. 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 –…

    13 Feb 2009 HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)

  6. Vitler v Chief of Army [2008] ADFDAT 4

    DEFENCE – appeal against conviction and sentence in relation to unauthorised withdrawals from Defence Travel Card – whether Military Judge erred in failing to take account of certain evidence – application of coincidence evidence rule – whether sufficient regard had to repayment of moneys, intention to cease service and service record

    9 Oct 2008 HEEREY J (PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

  7. 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)

  8. 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)

  9. 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)

  10. 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)

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