Chapman v Chief of Army [2008] ADFDAT 3

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Chapman v Chief of Army [2008] ADFDAT 3

DEFENCE – appeal against convictions for forgery and use of forged documents – alleged misapplication of onus of proof – Australian Defence Force members as "public officials" performing a "public duty or function" – whether convictions unsafe and unsatisfactory – whether mistake of fact or claim of right

Defence Force Discipline Act 1982 (Cth) s 61(3) Defence Force Discipline Appeals Act 1955 (Cth) s 23(1)(a) Criminal Code (Cth) ss 9.1, 9.5(2), 144.1(1), 145.1(1) Chamberlain v The Queen (No 2) (1984) 153 CLR 521 cited E (1995) 89 A Crim R 325 cited M v The Queen (1994) 181 CLR 487 cited Murray v The Queen (2002) 211 CLR 193 cited R v Trimboli (1979) 21 SASR 577 cited Shepherd v The Queen (No 5) (1990) 170 CLR 573 cited Van Damme v Chief of Army [2002] ADFDAT 2 cited CHRISTOPHER CHAPMAN v CHIEF OF ARMY

DFDAT 3 of 2008

HEEREY J (PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

28 JULY 2008

MELBOURNE

BEFORE THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

DFDAT 3 of 2008

ON APPEAL FROM A DEFENCE FORCE MAGISTRATE

BETWEEN: CHRISTOPHER CHAPMAN

Appellant

AND: CHIEF OF ARMY

Respondent

TRIBUNAL: HEEREY J (PRESIDENT), MILDREN AND DUGGAN JJ (MEMBERS)

DATE OF ORDER: 28 JULY 2008

WHERE MADE: MELBOURNE

THE TRIBUNAL ORDERS THAT:

1. Insofar as leave is necessary, leave to appeal is granted. 2. The appeal is dismissed.

BEFORE THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

DFDAT 3 of 2008

ON APPEAL FROM A DEFENCE FORCE MAGISTRATE

BETWEEN: CHRISTOPHER CHAPMAN

Appellant

AND: CHIEF OF ARMY

Respondent