In the mater of an Appeal against conviction by a Defence Force Magistrate of Petty Officer Fire Control Linsey Peter Anning R113024 [1990] ADFDAT 2

IN THE DEFENCE FORCE

No. DFDAT 5 of 1989 DISCIPLINE APPEAL TRIBUNAL )

IN THE MATTER of the Defence Force Discipline Appeals Act 1955

AND IN THE MATTER of an Appeal against conviction

by a Defence Force Magistrate of Petty Officer Fire Control Linsey Peter Anning R113024

REASONS FOR JUDGMENT

Members: The Hon. Mr Justice Woodward (President) The Hon. Mr Justice Cox (Deputy President) The Hon. Mr Justice Gallop (Member)

Date: 11 May 1990

Melbourne

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This is an appeal pursuant to s.20(1) of the

Defence Force Discipline Appeal Act 1955 against convictions

by Defence Force Magistrate on 19 July 1989 at HMAS CERBERUS

in Victoria.

The appellant was convicted of two offences against s.33, and two offences against s.60, of the Defence Force

Discipline Act 1982. In respect of each offence, the

appellant was fined the sum of $250 and made subject to forfeiture of all seniority as a Petty Officer to the date of

his conviction. Section 33 reads:

"A person, being a defence member or a defence civilian, who, on service land, in a service ship, service aircraft or service vehicle or in a public place:

(a) assaults another person;

(b) creates a disturbance or takes part in creating or continuing a disturbance;

(c) behaves in an obscene manner within the view or another person; or

(d) uses insulting or provocative words to another person;

is guilty of an offence for which the maximum punishment is imprisonment for 6 months."

Section 60 reads:

"KR defence member who, by act or omission, behaves in a manner likely to prejudice the discipline of, or bring discredit upon, the Defence Force is guilty of an offence for which the maximum punishment is imprisonment for 3 months."

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The relevant parts of the Charge Sheet read as

follows:

"First Charge

Defence Force Discipline Act section 33(d)

Second Charge

Defence Force Discipline Act section 33(d)