Boyson v Chief of Army [2019] ADFDAT 2

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Boyson v Chief of Army [2019] ADFDAT 2 Appeal from: General Court Martial

File number: DFDAT 1 of 2019

Members: LOGAN J ( PRESIDENT), BRERETON JA (DEPUTY PRESIDENT) AND PERRY J (MEMBER)

Date of decision: 2 May 2019 (reasons for decision, published 30 May 2019)

Catchwords: DEFENCE AND WAR – application for an extension of time to appeal from a General Court Martial ("GCM") – where the applicant was found guilty of one count of sexual intercourse without consent – whether the GCM's verdict was unreasonable and could not be supported by the evidence – whether the GCM's verdict was unsafe or unsatisfactory – where the complainant alleged the applicant had inserted a bottle into his rectum – where the complainant was sitting up at the time of the alleged insertion – where complainant gave evidence of feeling a sharp pain in his rectum – where prosecution case relied on purported admissions by the applicant – where there were several witnesses who saw the complainant sitting on the ground but none who gave evidence of seeing the alleged insertion – whether alleged insertion could be considered physically impossible – extension of time granted – leave to appeal granted – appeal allowed – conviction quashed.

Legislation: Constitution ss 72, 80 Defence Force Discipline Act 1982 (Cth) ss 61, 146, 152, 176 Defence Force Discipline Appeals Act 1955 (Cth) ss 18, 21, 23 Crimes Act 1900 (ACT) ss 54, 60 Evidence Act 2011 (ACT) s 164 Evidence (Miscellaneous Provisions) Act 1991 (ACT) s 74 Criminal Appeal Act 1907 (UK)