Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
McKenna v Chief of Navy [2017] ADFDAT 1 Appeal from: Defence Force Magistrate
File number: DFDAT 2 of 2016
Judges: TRACEY (President), LOGAN (Deputy President) AND GARDE (Member) JJ
Date of decision: 10 February 2017
Date of publication of reasons: 6 March 2017
Catchwords: DEFENCE – application for extension of time within which to appeal – extension granted – Appellant convicted on charges 1, 4, and 6 – certain appeal grounds conceded by Respondent and, on that basis, also conceded by Respondent that conviction on charge 1 should be quashed – concession accepted by Tribunal – appeal ground in relation to charges 4 and 6 not pressed by Appellant – whether retrial should be ordered – where Director of Military Prosecutions did not consider that new trial should occur, whether or not the Tribunal minded to order retrial – retrial not ordered
Legislation: Defence Force Discipline Appeals Act 1955 (Cth), ss 21(2), 24
Cases cited: Gilham v The Queen [2012] NSWCCA 131 R v Murray (1987) 11 NSWLR 12
Date of hearing: 10 February 2017
Category: Catchwords
Number of paragraphs: 28
Counsel for the Appellant: Mr P Walker SC and Mr M Hay
Counsel for the Respondent: Ms J Woodward and Mr J Nottle
Solicitor for the Respondent: Office of the Director of Military Prosecutions
ORDERS DFDAT 2 of 2016
BETWEEN: DENIS MCKENNA Appellant
AND: CHIEF OF NAVY Respondent
JUDGES: TRACEY (PRESIDENT), LOGAN (DEPUTY PRESIDENT) AND GARDE (MEMBER) Jj
DATE OF ORDER: 10 FEBRUARY 2017
THE TRIBUNAL ORDERS THAT:
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