King v Chief of Navy [2013] ADFDAT 3

Defence Force Discipline Appeal Tribunal

King v Chief of Navy [2013] ADFDAT 3 Citation: King v Chief of Navy [2013] ADFDAT 3

Appeal from: General Court Martial

Parties: STEFAN MICHAEL KING v CHIEF OF NAVY

File number: DFDAT 5 of 2012

Judges: Tracey J – President, Cowdroy and Logan JJ – Members

Date of judgment: 28 May 2013

Catchwords: DEFENCE – Convictions relating to receipt of rental and other allowances – whether Judge Advocate erred in direction to panel about whether appellant and his wife "normally lived together" for purposes of relevant Defence Determination – whether verdicts entered against appellant inconsistent with other verdicts of acquittal – whether Judge Advocate erred by failing to hold that certain email evidence should have been excluded – whether Judge Advocate erred in rejecting proposed tender of Defence Force Pay and Conditions Manual – whether Judge Advocate erred in failing to hold that appellant was entitled to trial by jury – whether Judge Advocate erred in directing that panel should reach determination on each charge by majority vote.

Legislation: Criminal Code Act 1995 (Cth) – ss 134.2, 135.2 Defence Act 1903 (Cth) – s 58B Defence Force Discipline Act 1982 (Cth) – s 61 Evidence Act 1995 (Cth) – ss 135, 137 Family Law Act 1975 (Cth) – s 49 Legislative Instruments Act 2003 (Cth) – s 5

Cases cited: Cabell v Markham 148 F 2d 737 (1945) – considered Jones v Chief of Navy (2012) 205 FCR 458 – referred to Mackenzie v R (1996) 190 CLR 348 – applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 – considered R v BD (1997) 94 A Crim R 131 – applied R v Stone (unreported, Devlin J, 13 December 1954) – referred to R v Young (1999) 46 NSWLR 681 – considered