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. O’Neill v Chief of Army [2017] ADFDAT 6

    DEFENCE – appeal from a decision of a Defence Force Magistrate (“DFM”) – where appellant found guilty of assault occasioning actual bodily harm contrary to s 61(3) of the Defence Force Discipline Act 1982 (Cth) and s 24(1) of the Crimes Act 1900 (ACT) – whether the DFM erred in the application of the relevant test for self-defence – whether the…

    3 Nov 2017 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

  2. Komljenovic v Chief of Navy [2017] ADFDAT 4

    DEFENCE AND WAR - discipline of members of forces - conduct likely to prejudice service discipline - what constitutes - acts of physical intimacy between a male Lieutenant Commander and a female Leading Seaman in view of subordinates while on temporary shore leave in the course of an overseas deployment of the warship of which all were crew…

    5 May 2017 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

  3. Douglas v Chief of Army [2017] ADFDAT 5

    DEFENCE - appeal from a decision of a Defence Force Magistrate - convictions for an act of indecency and for prejudicing the discipline of the Army - where the respondent conceded the convictions were unsafe - whether convictions ought to be quashed - whether a new trial ought to be ordered

    28 Apr 2017 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

  4. Baker v Chief of Army [2017] ADFDAT 3

    DEFENCE - Application for extension of time to appeal - application for leave to appeal against convictions by Defence Force magistrate - application for leave to introduce fresh evidence - whether failure to consider the military context of the offending - whether the findings of guilt were against the weight of the evidence - whether error in…

    28 Apr 2017 TRACEY (PRESIDENT), BRERETON AND HILEY (MEMBERS) JJ

  5. Angre v Chief of Navy (No 3) [2017] ADFDAT 2

    DEFENCE - application for extension of time to appeal - application for leave to appeal against convictions by court martial - whether convictions recorded following pleas of guilty should be quashed - whether a material irregularity in the course of the proceedings before the court martial and substantial miscarriage of justice under s 23(1)(c)…

    24 Mar 2017 TRACEY J (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND BRERETON (MEMBER)

  6. McKenna v Chief of Navy [2017] ADFDAT 1

    DEFENCE - application for extension of time within which to appeal - extension granted - Appellant convicted on charges 1, 4, and 6 - certain appeal grounds conceded by Respondent and, on that basis, also conceded by Respondent that conviction on charge 1 should be quashed - concession accepted by Tribunal - appeal ground in relation to charges 4…

    10 Feb 2017 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND GARDE (MEMBER) JJ

  7. Williams v Chief of Army [2016] ADFDAT 3

    DEFENCE - appellant convicted of one charge before Defence Force Magistrate, acquitted of two other charges - whether DFM had jurisdiction to hear and determine the charges - consideration of "service connection" and "service status" tests of jurisdiction - DFM had jurisdiction - whether DFM erred in consideration of any inconsistencies in…

    16 Dec 2016 TRACEY J (PRESIDENT), BRERETON AND HILEY JJ (MEMBERS)

  8. Angre v Chief of Navy (No 2) [2016] ADFDAT 2

    DEFENCE - application for leave to amend grounds of appeal - application for leave to adduce and rely on additional documentary evidence - whether s 23(1) of the Defence Force Discipline Appeals Act 1955 (Cth) confers incidental powers on the Tribunal to receive fresh or new evidence on appeal - whether s 23(2) of the Defence Force Discipline Act…

    29 Aug 2016 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND BRERETON JJ

  9. Angre v Chief of Navy (No 1) [2016] ADFDAT 1

    DEFENCE - application for leave to appeal out of time against convictions entered by a General Court Martial - where application under s 134(1) of the Defence Force Discipline Act 1982 (Cth) and r 38 of the Court Martial and Defence Force Magistrate Rules to substitute a plea of not guilty dismissed - whether appellant precluded from bringing…

    24 Jun 2016 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND BRERETON (MEMBER) JJ

  10. Hodge v Chief of Navy [2015] ADFDAT 4

    DEFENCE FORCE - discipline - appeals against conviction - conviction arising out of receipt of rental allowance - obtaining financial advantage by deception - whether Defence Force Magistrate failed to consider appellant's intention in concluding that selection of "not sharing" option in online application for rental allowance was "false and hence …

    4 Sep 2015 TRACEY J (PRESIDENT), BRERETON AND HILEY JJ (MEMBERS)

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