Re CHEVALLEY'S APPEAL

Courts-Martial Appeal Tribunal: Macfarlan J., President, Coldham Q.C., Deputy President, and Wright, Member

BRISBANE, 29th July; SYDNEY, 30th August 1968
13 FLR 315

Defence -- Discipline of members of forces -- Courts-martial appeals -- Application for leave to appeal -- Practice -- Necessity for full statement of grounds -- Courts-Martial Appeals Act 1955-1966, s. 21(1)(a).

By s. 21(1)(a) of the Courts-Martial Appeals Act an application for leave to appeal to the Courts-Martial Appeal Tribunal under the Act shall specify the grounds on which leave to appeal is sought.

Held, that when an application for leave to appeal is made under the Act, the application should set out in full the grounds on which leave to appeal is sought. Where the application is drawn by a legal practitioner, particular care should be taken to ensure that the grounds are fully and completely set out. It will only be in special circumstances that the tribunal will allow further grounds of appeal to be argued.

COURTS-MARTIAL APPEAL.

The appellant appealed against his conviction by court-martial.

A. J. Humphries, for the appellant.

M. J. Ewing, for the respondent.

30 August 1968

The tribunal delivered the following decision: [The tribunal dealt with the facts of the case, dismissing the appeal, and continued:]

Before parting with the case, we would point out that where an application for leave to appeal to the tribunal is made, the application should set out in full the grounds on which leave to appeal is sought. Where the application is drawn by the appellant's legal practitioner, particular care should be taken by the legal practitioner to ensure that the grounds are fully and completely set out. It will only be in special circumstances that the tribunal will allow further grounds of appeal to be argued.

Solicitors for the appellant: Macfie & Curlewis.

Solicitor for the respondent: H. E. Renfree (Commonwealth Crown Solicitor).

A.J.L.

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