Federal Court of Australia
BEFORE THE DEFENCE FORCE
DISCIPLINE APPEALS TRIBUNAL
Coram: The Hon Xavier Connor AO QC President The Hon Mr Justice Murray CBE Vice-President His Honour Judge Broad DFC Member
REASONS FOR JUDGMENT
Delivered in the Supreme Court at Townsville 18 March 1987
BEFORE THE DEFENCE FORCE DISCIPLINE APPEALS TRIBUNAL No. 1 of 1987
IN THE MATTER of The Defence
Force Discipline Appeals Act- and -
IN THE MATTER of an Application for Leave to Appeal pursuant to Section 21(1) of the Act
- and -
IN THE MATTER of an Appeal against conviction by Court Martial of ROY DAVID SNEDDEN
REASONS FOR JUDGMENT
On 19 October 1986 a Restricted Court Martial heard five charges against the appellant, WOII Roy David Snedden. The Court acquitted the appellant on the lst, 3rd and 4th charges but convicted him on the 2nd and 5th charges and sentenced him to a severe reprimand on each charge. He seeks leave to appeal to this Tribunal against his conviction on the 5th charge only. The Tribunal granted him leave to
appeal out of time.
The 5th charge was that, in breach of s 26(1) (b) of the Defence Force Discipline Act, the appellant used insubordinate language about and in the presence of a superior officer. The particulars
were as follows:
In that he at Pallarenda, Townsville, on 18 Sep 86, did
in the presence of 217715 MAJ P.J. GOLDMAN, a superior
officer, use insubordinate language about him by saying,
'IT know who you are and I don't give a fuck because I will
deny everything', or words to that effect. The charges arose out of some incidents which occurred at Pallarenda Beach, Townsville on the afternoon of 18 September 1986. The appellant was in charge of a group of soldiers who had been attending a
barbecue in the beach area. Major Goldman, who was the officer in
charge of a unit which was not the appellant's unit, spoke to the appellant near some army trucks. He then walked towards a staff car which was parked close by and asked the appellant to follow him. Captain Rosenbaum, the operations officer of Major Goldman's unit, was in the beach area nearby. On the way to the staff car
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