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DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT No 1 of 1994
IN THE MATTER OF THE DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 AND THE DEFENCE FORCE DISCIPLINE ACT 1982
BETWEEN:
WARREN LESLIE PATRICK BARRY : Appellant
AND:
CHIEF OF NAVAL STAFF Respondent
TRIBUNAL: THE HON JUSTICE NORTHROP - PRESIDENT THE HON JUSTICE COX - DEPUTY PRESIDENT THE HON JUSTICE GALLOP - MEMBER
PLACE: SYDNEY
DATE: 26 AUGUST 1994
MINUTES OF ORDER
THE TRIBUNAL ORDERS THAT: 1. The appeal be dismissed.
-2. There be no order as to costs.
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT No 1 of 1994
IN THE MATTER OF THE DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 AND THE DEFENCE FORCE DISCIPLINE ACT 1982
BETWEEN:
WARREN LESLIE PATRICK BARRY
Appellant AND:
CHIEF OF NAVAL STAFF
Respondent
TRIBUNAL: THE HON MR JUSTICE NORTHROP - PRESIDENT THE HON MR JUSTICE COX - DEPUTY PRESIDENT THE HON MR JUSTICE GALLOP ~ MEMBER
PLACE: SYDNEY
DATE: 26 AUGUST 1994
REASONS FOR DECISION
NORTHROP
I would dismiss the appeal and I agree with the reasons as expressed by Cox J. I have nothing further to say on that issue.
COX
The appellant was charged before a general court~martial on seven counts of which the first three were charges of committing an act of indecency upon three naval ratings without their consent, contrary to the Defence Force Discipline Act 1982, s61 and the Crimes Act 1900 (NSW) in its application to the Jervis Bay Territory, s92J. The fourth count alleged an assault upon a superior officer (Defence Force Discipline Act 1982, s25); the fifth disobedience of a lawful command (Defence Force Discipline Act 1982, s27); and the last two prejudicial behaviour contrary to the Defence Force Discipline Act 1982, s60, firstly, in that he attended a service function at HMAS Derwent in a dishevelled state and while intoxicated, and lastly in that he urinated from HMAS Derwent into Devonport Harbour. He was convicted on counts four, five and six and acquitted on count seven. His appeal is confined to his convictions on counts one and two. -
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