Igoe v Major General Michael Ryan AM in his capacity as a Reviewing Authority (No 2) [2020] FCA 1091

FEDERAL COURT OF AUSTRALIA

Igoe v Major General Michael Ryan AM in his capacity as a Reviewing Authority (No 2) [2020] FCA 1091 File number: QUD 163 of 2020

Judge: LOGAN J

Date of judgment: 31 July 2020

Catchwords: DEFENCE AND WAR – Judicial review of sentence for imprisonment and dismissal from the Defence Force imposed by service tribunal on defence member for offences of capturing and distributing intimate video images without authorisation and in breach of privacy under Defence Force Discipline Act 1982 (Cth) (DFDA) – where sentence confirmed by reviewing authority after receiving opinion on conviction and sentence by a Deputy Judge Advocate General – Judiciary Act 1903 (Cth), s 39B(1) – where defence member and Chief of Army as relevant service chief jointly propose to the Court issuing of prohibition and certiorari and related relief on the basis of conceded jurisdictional errors by service tribunal and reviewing authority arising from alleged misapplication of sentencing principles as incorporated by reference from the Crimes Act 1914 (Cth) by DFDA, s 70(1)(a) – circumstances in which appropriate for the Court to make such orders in exercise of a judicial discretion HIGH COURT AND FEDERAL COURT – Practice and Procedure - judicial review of sentence for imprisonment and dismissal from the Defence Force imposed by service tribunal on defence member for offences of capturing and distributing intimate video images without authorisation and in breach of privacy under Defence Force Discipline Act 1982 (Cth) (DFDA) – where sentence confirmed by reviewing authority after receiving opinion on conviction and sentence by a Deputy Judge Advocate General – Judiciary Act 1903 (Cth), s 39B(1) – where defence member and Chief of Army as relevant service chief jointly propose to the Court issuing of prohibition and certiorari and related relief on the basis of conceded jurisdictional errors by service tribunal and reviewing authority arising from alleged misapplication of sentencing principles as incorporated by reference from the Crimes Act 1914 (Cth) by DFDA, s 70(1)(a) – circumstances in which appropriate for the Court to make such orders in exercise of a judicial discretion