Decisions

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 - and of conduct prejudicial to the discipline of the Defence Force under DFDA, s 60 - Defence Force Discipline Appeals Act 1955 (Cth), ss 20, 23 (Appeals Act) -…

12 Aug 2022 LOGAN J (PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND SLATTERY J (MEMBER)

22 Jul 2022 LOGAN, BRERETON AND PERRY J

DEFENCE AND WAR - appeal against conviction by Defence Force Magistrate (DFM) - where appellant gave evidence at trial - where DFM gave self Liberato direction - formulation and application of Liberato direction - held that DFM conflated second and third limbs of Liberato direction and therefore did not in fact apply the direction - error of law - …

22 Jul 2022 LOGAN J (PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND PERRY J (MEMBER)

DEFENCE AND WAR – appeal against conviction by Defence Force Magistrate – whether verdict was unreasonable or could not be supported, having regard to the evidence – whether in all the circumstances of the case the verdict was unsafe or unsatisfactory – where appellant alleges various inconsistencies and implausibilities in the evidence before the …

1 Apr 2022 LOGAN J (PRESIDENT), PERRY J (MEMBER) AND BARR J

27 Aug 2021 LOGAN J

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…

9 Jul 2021 LOGAN, BRERETON AND PERRY JJ

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 …

22 Dec 2020 LOGAN J (PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND BARR J (MEMBER)

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…

2 May 2019 LOGAN J ( PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND PERRY J (MEMBER)

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 …

21 Feb 2019 LOGAN (PRESIDENT), HILEY (MEMBER) AND GARDE (MEMBER) JJ

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…

10 Jul 2018 TRACEY (PRESIDENT), BRERETON AND GARDE (MEMBERS) JJ