Poulton v Chief of Navy [2023] ADFDAT 1

Defence Force Discipline Appeal Tribunal

Poulton v Chief of Navy [2023] ADFDAT 1 Appeal from: Defence Force Magistrate

File number: DFDAT 1 of 2023

Judgment of: LOGAN J (President), PERRY j (deputy President) AND SLATTERY J (MEMBER)

Date of judgment: 22 December 2023

Catchwords: DEFENCE AND WAR – appeal against conviction by Defence Force Magistrate (DFM) – where the appellant found guilty of committing an act of indecency without consent – where complainant alleged defendant entered her bed without consent and committed acts of sexual nature – whether conviction unreasonable, or cannot be supported, having regard to the evidence because the DFM acted contrary to the evidence and engaged in speculation – where complainant and defendant gave competing evidence – where DFM directed themselves correctly according to Liberato v R (1985) 159 CLR 507 – where DFM rejected the accused's evidence as unconvincing – where DFM found each charge proved beyond reasonable doubt – whether the evidence before the DFM sufficient in nature and quality to eliminate any reasonable doubt of accused's guilt – convictions not unreasonable and supported by evidence– observations about drawing charges in accordance with the principles of R v Merriman [1973] AC 584 – appeal dismissed

Legislation: Constitution s 75 Defence Force Discipline Act 1982 (Cth) s 61, 146, 149A, 152, 154, 156 Defence Force Discipline Appeals Act 1955 (Cth) ss 18, 20, 21, 23, 52 Jervis Bay Territory Acceptance Act 1915 (Cth) s 4A Judiciary Act 1903 (Cth) s 39B Crimes Act 1900 (ACT) s 60(1) Evidence Act 2011 (ACT) s 66 Court Martial and Defence Force Magistrate Rules 2020 (Cth) r 31 Defence Force Discipline Appeals Regulation 2016 (Cth) reg 8