Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL Kasprzyck v Chief of Army [2001] ADFDAT 5
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - receiving and possession of property stolen or reasonably suspected of being stolen or unlawfully obtained - possession of property stolen or reasonably suspected of being stolen or unlawfully obtained - time - whether the property must be in possession at any particular time - whether must be in possession at time of charge or time of investigation CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - receiving and possession of property stolen or reasonably suspected of being stolen or unlawfully obtained - possession of property stolen or reasonably suspected of being stolen or unlawfully obtained - other matters - meaning of "unlawfully obtained".
DEFENCE AND WAR - DEFENCE FORCES - OFFENCES - by members of the forces and persons liable to serve - charges entertained - behaviour in a manner likely to prejudice the discipline of the Defence Force - what constitutes. Defence Force Discipline Act 1982 (Cth) ss 46, 60, 47
Ex parte Patmoy; Re Jack (1944) 44 SR (NSW) 351 discussed
R v English (1989) 17 NSWLR 149 discussed
Cleary v Wilcocks (1946) 63 WN(NSW) 101 discussed
Aldridge v Marks (1943) 44 SR (NSW) 69 referred to
Moore v Allchurch [1924] SASR 111 referred to
Purden v Dittmar [1972] 1 NSWLR 94 referred to
Chief of General Staff v Stuart (1995)133 ALR 513 applied
RANDOLPH WINFRIED KASPRZYCK v CHIEF OF ARMY NO DFDAT 1 OF 2001 HEEREYJ(President), UNDERWOOD J (DeputyPresident) & MILDREN J (Member) DARWIN (HEARD IN BRISBANE) 10 SEPTEMBER 2001
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 1 OF 2001
BETWEEN: RANDOLPH WINFRIED KASPRZYCK
APPELLANT
AND: CHIEF OF ARMY
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