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. 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…

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

  2. 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 …

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

  3. 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…

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

  4. 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 …

    10 Jul 2018 TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND HILEY (MEMBER) JJ

  5. 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…

    27 Apr 2018 TRACEY (PRESIDENT), HILEY AND GARDE (MEMBERS) JJ

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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)

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