Decisions

PRACTICE AND PROCEDURE - application for extension of time within which to seek leave to appeal from order of Defence Force Magistrate - whether relief sought able to be granted by Tribunal in its original jurisdiction - whether matter should be referred to Federal Court of Australia where breach of Racial Discrimination Act 1975 (Cth) alleged -…

21 Mar 2013 TRACEY J, WHITE JA, COWDROY J

DEFENCE - Convictions relating to claims for reunion travel - whether Defence Force Magistrate incorrectly found that witness not confronted with certain allegation directly in cross examination - whether inadequate reasons given for accepting evidence-in-chief in preference to evidence given in cross examination - whether Defence Force Magistrate …

21 Mar 2013 TRACEY, WHITE AND LOGAN JJ

DEFENCE - charges of disobeying lawful command, prejudicial conduct and giving false evidence - whether direction of an Assistant Inspector General of the Australian Defence Force was a lawful order - whether charges could be preferred under s 60 of the Defence Force Discipline Act 1982 when conduct proscribed by specific offence in Defence Force…

28 Sep 2012 TRACEY J - PRESIDENT, MILDREN J - MEMBER & COWDROY J - MEMBER

DEFENCE AND WAR - appeal - charges of insubordination - grounds - convictions unreasonable and cannot be supported with regard to the evidence - wrong decisions on questions of law made - material irregularity - convictions unsafe and unsatisfactory - found - no material error in conduct of trial - no error in taking into account uncharged acts -…

25 May 2012 TRACEY J – PRESIDENT, WHITE JA – DEPUTY PRESIDENT & LOGAN J – MEMBER

DEFENCE AND WAR - charges of indecency - seven counts of indecency found by General Court Martial -appeal - grounds - prosecutor's final address at trial prejudicial - direction made by Judge Advocate to jury - any prejudice to appellant negatived - grounds not made out - ruling made by Judge Advocate on objections to charge sheet - provision…

22 May 2012 TRACEY J – PRESIDENT, WHITE JA – DEPUTY PRESIDENT & MILDREN J - MEMBER

MILITARY LAW - leave to appeal sought - granted - Restricted Court Martial - charges - creating a disturbance by causing a confrontation - service offence - whether charge not known in law - not a service charge - not capable of founding jurisdiction - ground failed - whether conviction bad for duplicity - series of acts may constitute course of…

16 Mar 2012 TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & COWDROY J - MEMBER

MILITARY LAW - whether Court Martial could be satisfied beyond reasonable doubt offence had occurred - whether conviction unsafe or unsatisfactory - whether substantial miscarriage of justice had occurred - refusal of application to sever pleas - unfairness - warning about credibility of complainant's evidence

21 Nov 2011 TRACEY, WHITE & MILDREN JJ

CRIMINAL LAW - charge of obtaining financial advantage through false or misleading statement - in connection with an allowance- no mistaken belief as to possessory or proprietary right - defence of right open to applicant EVIDENCE - unsafe and unsatisfactory conviction alleged - new evidence - not admitted - ground not made out

22 Jun 2011 TRACEY J - PRESIDENT, WHITE JA - DEPUTY PRESIDENT & DUGGAN J – MEMBER

CRIMINAL LAW - consensual fight between appellant and victim - appellant charged with assault - whether victim's consent can be relied upon as a defence - absence of consent is not an element of assault as defined by statute - consent may not be relied upon as defence to assault

22 Feb 2011 TRACEY J (PRESIDENT), WHITE JA (DEPUTY PRESIDENT) AND MILDREN J (MEMBER)

EVIDENCE – admissibility of interview with police - conducted while appellant intoxicated – no caution administered - discretion to exclude illegally obtained evidence CRIMINAL LAW - reasonable hypothesis consistent with innocence open on evidence – unreasonable or unsafe and unsatisfactory conviction recorded – defence of sudden or extraordinary…

29 Nov 2010 TRACEY J (PRESIDENT), WHITE JA (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)