Baker v Chief of Army [2017] ADFDAT 3

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Baker v Chief of Army [2017] ADFDAT 3 Appeal from: Defence Force Magistrate

File number: DFDAT 1 of 2016

Judges: TRACEY (PRESIDENT), BRERETON AND HILEY (MEMBERS) JJ

Date of judgment: 28 April 2017

Catchwords: DEFENCE – Application for extension of time to appeal – application for leave to appeal against convictions by Defence Force magistrate – application for leave to introduce fresh evidence – whether failure to consider the military context of the offending – whether the findings of guilt were against the weight of the evidence – whether error in construing s 10.5 of the Commonwealth Criminal Code which applies when conduct constituting an offence is justified or excused by or under a law – meaning of "law" in s 10.5 – whether error in failure to find that the defence of sudden or extraordinary emergency in s 10.3 of the Commonwealth Criminal Code was made out – whether error in failure to find that the defence of self-defence in s 10.4 of the Commonwealth Criminal Code was made out

Legislation: Crimes Act 1900 (ACT) s 24(1) Crimes Act 1914 (Cth) s 15KN Criminal Code Act 1899 (Qld) sch 1 ("Queensland Criminal Code") ss 277, 281 Criminal Code Act 1995 (Cth) sch 1 ("Commonwealth Criminal Code") ss 2.1, 4.3, 10.3, 10.4(1), 10.4(2)(d), 10.4(2)(e), 10.5, 13.3(2), 13.3(6), 105.21(3) Defence Act 1903 (Cth) ss 9, 11 Defence Force Discipline Act 1982 (Cth) ss 10, 34(1), 89, 92 Defence Force Discipline Appeals Act 1955 (Cth) ss 21(1)(b), 23(2) Evidence Act 1995 (Cth) ss 38, 192(2) Work Health and Safety Act 2011 (Cth) ss 28, 29