Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 157 of 1982.
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GENERAL DIVISION
IN THE MATTER of an appeal against conviction by GLENNIS ROYDEN LAMPERD
AND IN THE MATTER of a case stated by the Courts-Martial Appeal Tribunal
— AND IN THE MATTER of a transmission
by the Attorney-General of a case stated to the Federal Court of Australia.
ay
CORRIGENDA
Page 2, after Questian l(c)"........degree of negligence?"
insert:
"2. Whether the Judge Advocate should have told the Court-Martial that the act or omission relied upon would constitute negligence within the meaning of s.19 of the said Act only if there was a great falling short of the standard of care which a reasonable officer in the appellant's position would have exercised combined with a
high risk that the stranding of the ship would
follow from the breach?"
a
JYLIE/ WARD Agsg¢iate to the Chief Judge
CATCHWORDS Defence Forces - Reference from Courts-Martial Appeal Tribunal -
Degree of negligence required to support a conviction of negligent stranding - Whether degree similar to manslaughter - Context of disciplinary offences - Whether an intermediate degree of criminal negligence - Whether an additional element of
blameworthiness required.
Courts-Martial Appeals Act 1955, ss.51 and 52. Naval Defence Act 1910 (Cwth.) s.34.
Naval Discipline Act 1957 (Imp.) s.19(a), Part l.
CASE STATED BY COURTS-MARTIAL APPEAL TRIBUNAL No. G157 of 1982.
CORAM: Bowen C.J., Northrop, Lockhart, Ellicott and Fitzgerald
Jd. Sydney.
18 February, 1983. .
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G157 of 1982.
GENERAL DIVISION
IN THE MATTER of an appeal against conviction by GLENNIS ROYDEN LAMPERD
AND IN THE MATTER of a case stated by the Courts~Martial Appeal Tribunal
AND IN THE MATTER of a transmission by the Attorney-General of a case
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