Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Havord v Chief of Navy [2001] ADFDAT 3
DEFENCE AND WAR - appeal from conviction by Defence Force Magistrate - charge of committing an act of indecency - conflict of evidence between appellant and complainant - whether conviction unsafe or unsatisfactory - complainant making initial complaint not alleging central allegation in his testimony - DFM finding this not necessarily inconsistent with offence having occurred on the basis that victims of sexual assault often need time to decide what to do and may initially deny a sexual assault has occurred - whether taking judicial notice - questions asked by DFM in course of evidence - whether excessive Defence Force Discipline Act 1982(Cth) s 61 Defence Force Discipline Appeals Act 1955 (Cth) s 23(1)(d) M v The Queen (1994) 181 CLR 487 at 494-5 applied Kilby v The Queen (1973) 129 CLR 460 applied R v Davies (1985) 3 NSWLR 276 applied R v Esposito (1998) 45 NSWLR 442 applied TIMOTHY PETER HAVORD v CHIEF OF NAVY NO DFDAT 2 OF 2001 HEEREY J (President), UNDERWOOD J (Deputy President) & MILDREN J (Member) MELBOURNE (HEARD IN PERTH) 22 AUGUST 2001 DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
DFDAT 2 OF 2001
BETWEEN: TIMOTHY PETER HAVORD
APPELLANT
AND: CHIEF OF NAVY
RESPONDENT
TRIBUNAL: HEEREY J (President), UNDERWOOD J (Deputy President) AND MILDREN J (Member)
DATE OF ORDER: 22 AUGUST 2001
WHERE MADE: MELBOURNE (HEARD IN PERTH)
THE TRIBUNAL ORDERS THAT:
The appeal is dismissed.
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
DFDAT 2 OF 2001
BETWEEN: TIMOTHY PETER HAVORD
APPLICANT
AND: CHIEF OF NAVY
RESPONDENT
TRIBUNAL: HEEREY J (President), UNDERWOOD J (Deputy President) AND MILDREN J (Member)
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