Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Stapleton v Chief of Army [2009] ADFDAT 2
DEFENCE – appeal from Australian Military Court – corporal convicted of breach of general orders prohibiting "fraternisation" by making inappropriate sexual advances toward recruit – sentence of reduction in rank to private – whether failure by prosecution to call a witness resulted in material irregularity or substantial miscarriage of justice – whether judge failed to direct himself about unreliability of complainant – whether convictions unreasonable or unsafe and unsatisfactory – whether sentence manifestly excessive – whether leave should be granted to raise new ground that conduct alleged did not constitute fraternisation WORDS AND PHRASES – "fraternisation" Defence Force Discipline Act 1982 (Cth) ss 3, 29 Evidence Act 1995 (Cth) s 165 Evans v The Queen (2007) 241 ALR 400 cited R v Baartman [2000] NSWCCA 298 cited R v Kneebone (1999) 47 NSWLR 450 distinguished R v Spencer [1986] AC 128 cited R v Stewart [2001] NSWCCA 260 cited The Queen v Apostilides (1984) 154 CLR 563 cited RICHARD STAPLETON v CHIEF OF ARMY
DFDAT 8 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 8 of 2008
ON APPEAL FROM THE AUSTRALIAN MILITARY COURT
BETWEEN: RICHARD STAPLETON
Appellant
AND: CHIEF OF ARMY
Respondent
JUDGES: HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)
DATE OF ORDER: 13 February 2009
WHERE MADE: MELBOURNE
THE TRIBUNAL ORDERS THAT:
1. The appeal be dismissed. 2. Leave to add a further ground of appeal be refused.
IN THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT 8 of 2008
ON APPEAL FROM THE AUSTRALIAN MILITARY COURT
BETWEEN: RICHARD STAPLETON
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate