Mocicka v Chief of Army [2003] ADFDAT 1

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Mocicka v Chief of Army [2003] ADFDAT 1 DEFENCE AND WAR – Defence Force – service offences – conduct likely to bring discredit on the Defence Force – whether likelihood of conduct coming to attention of public essential WORDS AND PHRASES – "conduct likely to bring discredit on the Defence Force"; "likely" Defence Force Discipline Act 1982 (Cth) s 60 Defence Force Discipline Appeals Act 1955 (Cth) ss 21, 37(1) Chief of General Staff v Stuart (1995) 58 FCR 299 applied Wyong Shire Council v Shirt (1980) 146 CLR 40 cited Boughey v The Queen (1986) 161 CLR 10 at 22 cited MARK JAN MOCICKA v CHIEF OF ARMY DFDAT NO. 2 OF 2002 HEEREY J (President), UNDERWOOD J (Deputy President) and MILDREN J (Member)

1 AUGUST 2003 MELBOURNE

DEFENCE FORCE DISCIPLINE APPEALS TRIBUNAL

DFDAT NO. 2 OF 2002 BETWEEN: MARK JAN MOCICKA

APPELLANT

AND: CHIEF OF ARMY

RESPONDENT

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

DATE OF ORDER: 1 AUGUST 2003

WHERE MADE: MELBOURNE

THE TRIBUNAL ORDERS THAT:

1. The appeal is allowed.

2. The convictions imposed on the appellant on 14 March 2002 are quashed and the penalties set aside.

3. The parties have leave to make written submissions as to reimbursement of costs under s 37 the Defence Force Discipline Appeals Act 1955 (Cth) within 14 days.

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

DFDAT NO. 2 OF 2002

BETWEEN: MARK JAN MOCICKA

APPELLANT

AND: CHIEF OF ARMY

RESPONDENT

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