Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Green v Chief of Army [2011] ADFDAT 2 Citation: Green v Chief of Army [2011] ADFDAT 2
Appeal from: General Court Martial
Parties: JOHN LENNY GREEN v CHIEF OF ARMY
File number: DFDAT 4 of 2010
Members: TRACEY J - President, WHITE JA - Deputy President & DUGGAN J – MEMBER
Date of judgment: 22 June 2011
Catchwords: CRIMINAL LAW – charge of obtaining financial advantage through false or misleading statement – in connection with an allowance– no mistaken belief as to possessory or proprietary right – defence of right open to applicant EVIDENCE – unsafe and unsatisfactory conviction alleged – new evidence – not admitted – ground not made out
Legislation: Crimes Act 1958 (Cth) s 83A Criminal Code Act 1995 (Cth) ss 9.5, 135.2 Defence Force Discipline Act 1982 (Cth) ss 56, 61 Defence Force Discipline Appeals Act 1955 (Cth) s 23
Cases cited: Ostrowski v Palmer (2004) 218 CLR 493 referred to R v Gatzka [2004] VSCA 121 cited R v Turnbull (1943) 44 SR (NSW) cited
Date of hearing: 29 April 2011
Place: Melbourne (heard in Brisbane)
Division: GENERAL
Category: Catchwords
Number of paragraphs: 38
Counsel for the Appellant: LEUT R Clutterbuck
Solicitor for the Appellant: Defence Legal Canberra
Counsel for the Respondent: LTCOL H Dempsey & LEUT M Donaldson
Solicitor for the Respondent: Office of the Director of Military Prosecutions
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