Hodge v Chief of Navy [2015] ADFDAT 4

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Hodge v Chief of Navy [2015] ADFDAT 4 Citation: Hodge v Chief of Navy [2015] ADFDAT 4

Appeal from: Defence Force Magistrate

Parties: JOSHUA JOEL HODGE v CHIEF OF NAVY

File number: DFDAT 2 of 2014

Judges: TRACEY j (PRESIDENT), BRERETON and Hiley JJ (Members)

Date of judgment: 4 September 2015

Catchwords: DEFENCE FORCE – discipline – appeals against conviction – conviction arising out of receipt of rental allowance – obtaining financial advantage by deception – whether Defence Force Magistrate failed to consider appellant's intention in concluding that selection of "not sharing" option in online application for rental allowance was "false and hence deceptive" – duty of Defence Force Magistrate to give reasons – whether Defence Force Magistrate failed to give adequate reasons for finding appellant's conduct deceptive and dishonest – whether conviction unreasonable, unsupportable, and/or unsafe and unsatisfactory – role of Tribunal on "unsafe and unsatisfactory" appeal – whether rational hypotheses consistent with honesty excluded – whether established that appellant knew or believed that he would not be entitled to full rental allowance at time of completing online application – held, hypotheses that appellant believed his entitlement would not be affected not excluded – conviction unsafe and unsatisfactory CRIMINAL LAW – offences of dishonesty – dishonestly obtaining financial advantage by deception – separate elements of deception and dishonesty – necessity to prove that accused knew he was not entitled to the advantage – necessity to exclude rational hypotheses consistent with accused believing that he was entitled to the advantage