Quinn v Chief of Army [2001] ADFDAT 4

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Quinn v Chief of Army [2001] ADFDAT 4 DEFENCE AND WAR – appeal from conviction by Defence Force Magistrate – ill-treatment of Defence Force member of inferior rank – infantry training exercise – capture of platoon commander – held at direction of company commander for fifteen hours with head covered – exposed for two hours in hot sun – interrogated – meaning of ill-treatment in military training context – whether ill-treatment – whether mental element of offence established WORDS AND PHRASES – "ill-treatment", "ill-treats"

Defence Force Discipline Act 1982 (Cth) ss 10, 34

Re CB [No 2] [1982] VR 681 applied He Kaw Teh v The Queen (1985) 157 CLR 523 applied Chief of General Staff v Stuart (1995) 133 ALR 513 applied Susan Newington (1990) 91 Cr App R 247 applied TROY BROOK QUINN v CHIEF OF ARMY NO DFDAT 4 OF 2001 HEEREY J (President), UNDERWOOD J (Deputy President) & MILDREN J (Member) MELBOURNE (HEARD IN SYDNEY) 22 AUGUST 2001

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 4 OF 2001

BETWEEN: TROY BROOK QUINN

APPLICANT

AND: CHIEF OF ARMY

RESPONDENT

TRIBUNAL: HEEREY J (President), UNDERWOOD J (Deputy President) AND MILDREN J (Member)

DATE OF ORDER: 22 AUGUST 2001

WHERE MADE: MELBOURNE (HEARD IN SYDNEY)

THE TRIBUNAL ORDERS THAT: 1. The appeal is allowed. 2. The conviction is quashed and the penalty set aside. DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 4 OF 2001

BETWEEN: TROY BROOK QUINN

APPLICANT

AND: CHIEF OF ARMY

RESPONDENT

TRIBUNAL: HEEREY J (President), UNDERWOOD J (Deputy President) AND MILDREN J (Member)

DATE: 22 AUGUST 2001

PLACE: MELBOURNE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT THE TRIBUNAL: 1 The appellant was convicted by a Defence Force Magistrate (DFM) of one count of ill-treatment of an inferior, contrary to s 34 of the Defence Force Discipline Act 1982 (Cth) (the DFD Act) which provides: "34. A defence member who assaults, or ill-treats, a member of the Defence Force who is of inferior rank to the defence member is guilty of an offence for which the maximum punishment is imprisonment for 2 years."