Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Jordan v Chief of Air Force [2015] ADFDAT 2 Citation: Jordan v Chief of Air Force [2015] ADFDAT 2
Appeal from: Defence Force Magistrate
Parties: HUGH DAVID JORDAN v CHIEF OF AIR FORCE
File number: DFDAT 1 of 2015
Judges: TRACEY (PRESIDENT), LOGAN AND BRERETON JJ (MEMBERS)
Date of judgment: 17 July 2015
Catchwords: DEFENCE – conviction relating to receipt of rental allowance – whether appellant guilty of the charge on which he was convicted – consideration of proper construction of the offence of "obtaining a financial advantage" under s 135.2(1) of the Criminal Code Act 1995 (Cth) – whether physical and fault elements must exist contemporaneously – whether record of interview conducted with service police admissible at trial
Legislation: Criminal Code Act 1995 (Cth) s 135.2(1) Defence Act 1903 (Cth) s 58B Defence Force Discipline Act 1982 (Cth) s 61(3) Defence Force Discipline Appeals Act 1955 (Cth) ss 23(1)(b), 23(1)(c) Evidence Act 1995 (Cth) s 90
Cases cited: Director of Public Prosecutions of the Commonwealth v Poniatowska (2011) 244 CLR 408 – cited
Date of hearing: 26 June 2015
Place: Brisbane (heard in Adelaide)
Category: Catchwords
Number of paragraphs: 38
Counsel for the Appellant: Ms M Barnes and Mr C Fabbian
Solicitor for the Appellant: Fabbian Lawyers
Counsel for the Respondent: GPCAPT J Harris SC and LTCOL R Cawte
Solicitor for the Respondent: Director of Military Prosecutions
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