In the matter of an Appeal against conviction from General Court Martial of 550166 Sergeant Car1 Stephen St John [1989] ADFDAT 2

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CATCHWORODS

Defence Force Discipline appeal - admissibility of evidence of reconstruction - weight to be accorded to such evidence - whether basic premises were themselves accurate - no

substantial miscarriage of justice

Practice and procedure - terms of charge and particulars - necessity to inform an accused of the specific offence alleged against him - particulars of offence incorrect - material irregularity but no substantial miscarriage of

justice

IN THE MATTER of the Defence Force Discipline Appeals Act AND IN THE MATTER of an Appeal against conviction from General Court Martial of 550166 Sergeant Carl Stephen

St John

DFDAT No.1 of 1989

Members: The Hon. Sir Edward Woodward (President) The Hon. Mr Justice W.J.E. Cox (Deputy President)

The Hon. Mr Justice J.F. Gallop (Member)

26 June 1989 Canberra

IN THE DEFENCE FORCE )

DISCIPLINE APPEAL TRIBUNAL )

) No. DFDAT 1 of 1989

Members: The Hon.

The Hon. The Hon.

26 June 1989 Canberra

IN THE MATTER of the Defence

Force Discipline Appeals Act AND IN THE MATTER of an Appeal against conviction from General Court Martial of

550166 Sergeant Carl Stephen St John

REASONS FOR JUDGMENT

Sir Edward Woodward (President) Mr Justice W.J.E. Cox (Deputy President) Mr Justice J.F. Gallop (Member)

This is an appeal pursuant to s.20(1) of the Defence Force Discipline Appeals Act 1955 against a conviction by General Court Martial on 15 December 1988 at Victoria Barracks, Sydney. The appellant was convicted of

an offence against s.36(1) of the Defence Force Discipline

Act 1982. Section 36(1) reads:

"(1) A person, being a defence member or a defence civilian, who, in or in connection with -

(a) the operation, handling, servicing or storage; or

(b) the giving of directions with respect to the operation, handling, servicing or storage,

of a ship, aircraft, or vehicle or a weapon, missile, explosive or other dangerous thing or equipment, intentionally, by act or omission, behaves in a manner that causes, or is likely to cause, the death of, or grievous bodily harm to, another person is guilty of an offence for which the maximum punishment is imprisonment for 10 years."