Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Pook v Chief of Army [2009] ADFDAT 1
DEFENCE – appeal from Australian Military Court – Corporal convicted of reckless threat to kill another corporal – defence that act was a threat of self-harm rather than threat to kill another – whether Military Judge failed to identify inconsistent statements and to direct as to use of consistent statements – whether error in regard to cross-examination as to use of appellant's failure to offer innocent explanation – whether appellant's words were equivocal and insufficient to constitute threat to kill – whether direction as to recklessness inadequate – whether finding of guilt was unreasonable or unsafe and unsatisfactory Crimes Act 1900 (ACT) s 30 Defence Force Discipline Act 1982 (Cth) ss 70, 132B, Pt VII Div 4 Defence Force Discipline Appeals Act 1955 (Cth) ss 20(1), 61 Evidence Act 1995 (Cth) ss 60, 108, 165 Director of Public Prosecutions, South Australia v B (1998) 194 CLR 566 cited Driscoll v The Queen (1977) 137 CLR 517 cited Everett v The Queen (1994) 181 CLR 295 cited Petty v The Queen (1991) 173 CLR 95 cited R v Centra [1995]VSC 202 cited R v Maddison [2007] ACTCA 18 referred to Regina v Director of Serious Fraud Office, Ex parte Smith [1993] AC 1 cited RPS v The Queen (2000) 199 CLR 620 cited CHRISTOPHER POOK v CHIEF OF ARMY
DFDAT 5 of 2008
DIRECTOR OF MILITARY PROSECUTIONS v CHRISTOPHER POOK
DFDAT 6 of 2008
DIRECTOR OF MILITARY PROSECUTIONS
DFDAT 7 of 2008
HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)
13 FEBRUARY 2009
MELBOURNE
IN THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 5 of 2008
ON APPEAL FROM THE AUSTRALIAN MILITARY COURT
BETWEEN: CHRISTOPHER POOK
Appellant
AND: CHIEF OF ARMY
Respondent
JUDGES: HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)
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