Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Vitler v Chief of Army [2008] ADFDAT 4
DEFENCE – appeal against conviction and sentence in relation to unauthorised withdrawals from Defence Travel Card – whether Military Judge erred in failing to take account of certain evidence – application of coincidence evidence rule – whether sufficient regard had to repayment of moneys, intention to cease service and service record
Defence Force Discipline Act 1982 (Cth) ss 3, 61(3) Financial Management and Accountability Act 1997 (Cth) s 60(1) R v Ellis (2003) 58 NSWLR 700 cited W v The Queen (2001) 115 FCR 41 cited Z v Chief of the Navy (2008) ADFDAT 1 cited LEON NOEL VITLER v CHIEF OF ARMY
DFDAT 4 of 2008
HEEREY J (President), Mildren and Duggan JJ (Members)
9 OCTOBER 2008
MELBOURNE
IN THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 4 of 2008
ON APPEAL FROM A JUDGE OF THE AUSTRALIAN MILITARY COURT
BETWEEN: LEON NOEL VITLER
Appellant
AND: CHIEF OF ARMY
Respondent
members: HEEREY J (President), Mildren and Duggan JJ (Members) DATE OF ORDER: 9 OCTOBER 2008
WHERE MADE: MELBOURNE
THE TRIBUNAL ORDERS THAT:
1. The appeal and the application for leave to appeal be dismissed.
IN THE defence force discipline appeal tribunal DFDAT 4 of 2008
ON APPEAL FROM A JUDGE OF THE AUSTRALIAN MILITARY COURT
BETWEEN: LEON NOEL VITLER
Appellant
AND: CHIEF OF ARMY
Respondent
Members: HEEREY J (President), Mildren and Duggan JJ (Members)
DATE: 9 OCTOBER 2008
PLACE: MELBOURNE
REASONS FOR DECISION
Heerey J: 1 I agree with the reasons of Mildren J. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Decision herein of the Honourable Justice Heerey.
Associate: Dated: 15 October 2008
IN THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 4 of 2008
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