Jesser v Chief of Air Force [2015] ADFDAT 3

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Jesser v Chief of Air Force [2015] ADFDAT 3 Citation: Jesser v Chief of Air Force [2015] ADFDAT 3

Appeal from: Defence Force Magistrate

Parties: MEGAN LOUISE JESSER v CHIEF OF AIR FORCE

File number: DFDAT 2 of 2015

Judges: TRACEY J (PRESIDENT), LOGAN j (deputy president) AND BRERETON J (MEMBER)

Date of judgment: 25 August 2015

Catchwords: DEFENCE – conviction relating to threat to inflict grievous bodily harm under s 31 of the Crimes Act 1900 (ACT) (the Act) – whether open to conclude beyond reasonable doubt that appellant guilty of charge on which she was convicted – where threat spoken by appellant to her treating doctor during medical consultation and in respect of appellant's superior officer – consideration of proper construction of s 31(b)(ii) of the Act – meaning of "fear" – whether reasonable person in the circumstances would fear threat would be carried out

Legislation: Defence Force Discipline Act 1982 (Cth) s 61 Defence Force Discipline Appeals Act 1955 (Cth) s 23 Crimes Act 1900 (ACT) ss 21, 22, 23, 24, 25, 26, 28, 31 33, 35, 35A, 37, 41 Crimes Act 1900 (NSW) Criminal Code Act (NT) s 166

Cases cited: Barbaro v Quilty [1999] ACTSC 119 applied Bropho v Western Australia (1991) 171 CLR 1 cited Bunting v Gokel [2001] NTSC 24 applied Kingston v Keprose Pty Limited (1987) 11 NSWLR 404 cited M v The Queen (1994) 181 CLR 487 cited McEwan v Rohan [2012] ACTSC 181 not followed MFA v The Queen (2002) 213 CLR 606 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited R v Moore-McQuillan [2014] SASCFC 113 cited SKA v R (2011) 243 CLR 400 cited Waugh Hotel Management Pty Ltd v Marrickville Council (2009) 171 LGERA 112 cited