DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Stapleton v Chief of Army [2009] ADFDAT 2
DEFENCE – appeal from Australian Military Court – corporal convicted of breach of general orders prohibiting “fraternisation” by making inappropriate sexual advances toward recruit – sentence of reduction in rank to private – whether failure by prosecution to call a witness resulted in material irregularity or substantial miscarriage of justice – whether judge failed to direct himself about unreliability of complainant – whether convictions unreasonable or unsafe and unsatisfactory – whether sentence manifestly excessive – whether leave should be granted to raise new ground that conduct alleged did not constitute fraternisation
WORDS AND PHRASES – “fraternisation”
Defence Force Discipline Act 1982 (Cth) ss 3, 29
Evidence Act 1995 (Cth) s 165Evans v The Queen (2007) 241 ALR 400 cited
R v Baartman [2000] NSWCCA 298 cited
R v Kneebone (1999) 47 NSWLR 450 distinguished
R v Spencer [1986] AC 128 cited
R v Stewart [2001] NSWCCA 260 cited
The Queen v Apostilides (1984) 154 CLR 563 citedRICHARD STAPLETON v CHIEF OF ARMY
DFDAT 8 of 2008
HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)
13 FEBRUARY 2009
MELBOURNE
IN THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
DFDAT 8 of 2008
ON APPEAL FROM THE AUSTRALIAN MILITARY COURT
BETWEEN: RICHARD STAPLETON
AppellantAND: CHIEF OF ARMY
Respondent
JUDGES:
HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)
DATE OF ORDER:
13 FEBRUARY 2009
WHERE MADE:
MELBOURNE
THE TRIBUNAL ORDERS THAT:
1.The appeal be dismissed.
2.Leave to add a further ground of appeal be refused.
IN THE DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
DFDAT 8 of 2008
ON APPEAL FROM THE AUSTRALIAN MILITARY COURT
BETWEEN: RICHARD STAPLETON
AppellantAND: CHIEF OF ARMY
Respondent
JUDGES:
HEEREY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) AND DUGGAN J (MEMBER)
DATE:
13 FEBURARY 2009
PLACE:
MELBOURNE
REASONS FOR DECISION
The appellant appeals the convictions and sentence imposed on 28 August 2008 by the Australian Military Court constituted by the Chief Military Judge, Brigadier Ian Westwood. The Chief Military Judge found the appellant guilty of three charges, charges 3, 5 and 7 on the charge sheet, that he failed to comply with a general order contrary to s 29 of the Defence Force Discipline Act 1982 (Cth) in that he failed to comply with the 1st Recruit Training Battalion Standing Orders Ch 7 par 7.16 dated 20 November 2006 which proscribed fraternisation between staff and trainees.
Paragraph 7.16 is headed “Fraternisation” and continues:
There is to be no fraternisation between: staff; staff and trainees; and trainees. Fraternisation includes:
(a)conduct of consensual or non-consensual sexual relations;
(b)conduct which has sexual overtones or suggests them;
(c)displays or expressions of affection;
(d)displays or expressions of intimacy;
(e)solicitation of recruits, trainees or subordinates; and
(f)any form of social relationship, including participation in any off-duty activities with trainees except when required to do so as part of training requirements, or at a function specifically authorised by the CO/CI.
The particulars of charge 3,…
Continue reading Stapleton v Chief of Army
Sign in free to access the full text
- AGLC
- Stapleton v Chief of Army [2009] ADFDAT 2
- Case
- [2009] ADFDAT 2
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.