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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| prior to 1985
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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…
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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…
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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…
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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…
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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…
- Ferdinands v Chief of Army [2001] ADFDAT 2
- Havord v Chief of Navy [2001] ADFDAT 1
- Hogan v Chief of Army [1999] ADFDAT 1
- Barry v Chief of the General Staff [1994] ADFDAT 3 (PDF 302kb)
- Stuart v The Chief of the General Staff [1994] ADFDAT 2 (PDF 755kb)