Hardy v Chief of Air Force [2008] ADFDAT 2

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Hardy v Chief of Air Force [2008] ADFDAT 2

DEFENCE – trial before General Court Martial – appellant claimed various allowances depending on her classification as a Member with Dependents (Separated) in respect of her spouse – prosecution alleged that at time of claims appellant aware marriage relationship over – appellant convicted of obtaining financial advantage and making a false statement – appellant acquitted on other counts – whether verdicts inconsistent and unsafe and unsatisfactory – President of Court had access to Discipline Law Manual – whether irregularity – summing up – whether Plomp and Shepherd directions should have been given by Judge Advocate – whether facts should have been related to legal issues – whether defence of mistake should have been left to the Court Criminal Code 1995 (Cth) ss 9.1, 135.2(1) Defence Force Discipline Act 1982 (Cth), s 56(1) Defence Act 1903 (Cth) s 58B Domican v The Queen (1992) 173 CLR 555 applied Grant v The Queen (1975) 11 ALR 503 discussed MacKenzie v The Queen (1996) 190 CLR 348 applied Pemble v The Queen (1974) 124 CLR 107 distinguished Plomp v The Queen (1963) 110 CLR 234 distinguished R v Allan [2002] 133 A Crim R 444 applied R v K [2003] NSWCCA 406 applied R v Marsland NSWCCA (unreported, 17 July 1991) applied R v Minarowska & Koziol (1995) 83 A Crim R 78 applied R v Rajakaruna (No 2) (2006) 15 VR 592 applied Shepherd v The Queen (1990) 170 CLR 573 discussed W v R (2007) 241 ALR 199 cited JACQUELYN MARY HARDY v CHIEF OF AIR FORCE DFDAT 3 OF 2007

HEEREY J (President), MILDREN AND DUGGAN JJ (Members)

26 MARCH 2008

MELBOURNE IN THE Defence Force Discipline APpeal Tribunal DFDAT 3 OF 2007

BETWEEN: JACQUELYN MARY HARDY

Appellant

AND: CHIEF OF AIR FORCE

Respondent