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
- Private R Army v Chief of Army [2021] ADFDAT 2
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Howieson v Chief of Army [2021] ADFDAT 1
DEFENCE AND WAR - appeal from a General Court Martial - where the appellant was found guilty of prejudicial conduct per s 60(1) of the Defence Force Discipline Act 1982 (Cth) - where the prosecution had adduced tendency evidence to the effect that the appellant had a tendency to expose his penis to female members of the Papua New Guinea Defence…
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Mikus v Chief of Army [2020] ADFDAT 1
DEFENCE AND WAR - appeal from a Defence Force Magistrate (DFM) - where the appellant was found guilty of assaulting a subordinate - Defence Force Discipline Act 1982 (Cth) (DFDA), s 34 - whether the reasons of the DFM for conviction were adequate - nature and source of obligation of a DFM to give reasons - Defence Force Discipline Appeals Act 1955 …
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Boyson v Chief of Army [2019] ADFDAT 2
DEFENCE AND WAR - application for an extension of time to appeal from a General Court Martial ("GCM") - where the applicant was found guilty of one count of sexual intercourse without consent - whether the GCM's verdict was unreasonable and could not be supported by the evidence - whether the GCM's verdict was unsafe or unsatisfactory - where the…
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McCleave v Chief of Navy [2019] ADFDAT 1
DEFENCE AND WAR – appeal from a decision of a Defence Force Magistrate – abuse of process – where appellant admitted to offences under s 56(4) of the Defence Force Discipline Act 1982 (Cth) – where admissions were made after the appellant received representations within his chain of command that he would not be prosecuted – whether representations …
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Betts v Chief of Army [2018] ADFDAT 2
DEFENCE AND WAR - appeal from a decision of a Defence Force Magistrate ("DFM") - where the appellant was found guilty of four counts of obtaining a financial advantage contrary to s 61(3) of the Defence Force Discipline Act 1982 (Cth) and s 135.2(1) of the Criminal Code (Cth) by way of an overpayment of rental allowance, knowing or believing that…
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Randall v Chief of Army [2018] ADFDAT 3
DEFENCE AND WAR – application for extension of time to appeal – application for leave to appeal against convictions by Restricted Court Martial – unauthorised access to restricted data – Defence Force Discipline Act 1982 (Cth) s 61(3), Criminal Code (Cth) s 478.1 – related alternative prejudicial conduct charges – Defence Force Discipline Act 1982 …
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Herbert v Chief of Air Force [2018] ADFDAT 1
DEFENCE – appeal from a decision of a Defence Force Magistrate (“DFM”) – where the DFM found the appellant guilty of one count of obtaining a financial advantage contrary to s 61(3) of the Defence Force Discipline Act 1982 (Cth) and s 135.2(1) of the Criminal Code (Cth) by way of an overpayment of rental allowance knowing or believing that he was…
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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…
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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…