Williams v Chief of Army

Link copied
Case Copied 80 min read

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL

Williams v Chief of Army [2016] ADFDAT 3

Appeal from: Defence Force Magistrate
File number: DFDAT 4 of 2015
Judges: TRACEY J (PRESIDENT), BRERETON AND HILEY JJ (MEMBERS)
Date of judgment: 16 December 2016
Catchwords: DEFENCE – appellant convicted of one charge before Defence Force Magistrate, acquitted of two other charges – whether DFM had jurisdiction to hear and determine the charges – consideration of “service connection” and “service status” tests of jurisdiction – DFM had jurisdiction – whether DFM erred in consideration of any inconsistencies in complaint evidence – whether the DFM’s finding of guilt on Charge 1 was inconsistent with acquittals on Charges 2 and 3 – appeal dismissed
Legislation:

Defence Force Discipline Act 1982 (Cth)

Defence Force Discipline Appeals Act 1955 (Cth), ss 20(1), 21(1)(b), 23(1)(a), 23(1)(b), 23(1)(d), 41(a)

Evidence Act 1995 (Cth), s 66(2)

Cases cited:

Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60

Hardcastle v Commissioner of Police (1984) 53 ALR 593

Lane v Morrison (2009) 239 CLR 230

MacKenzie v The Queen (1996) 190 CLR 348

Mills v Martin (1821) 19 Johnson’s Supreme Court Reports (NY) 7

New South Wales Bar Association v Cummins (2001) 52 NSWLR 279

O'Callahan v Parker 395 US 258 (1969)

Papakosmas v The Queen (1999) 196 CLR 297

R v Murray (1987) 11 NSWLR 12

R v Quinn; Ex parte Consolidated Foods Corporation (1977) 138 CLR 1

R v White; Ex parte Byrnes (1963) 109 CLR 665

Re Aird; Ex parte Alpert (2004) 220 CLR 308

Re Nolan; Ex parte Young (1991) 172 CLR 460

Re Tracey; Ex parte Ryan (1989) 166 CLR 518

Relford v US Disciplinary Commandant 401 US 355 (1971)

Solorio v United States 483 US 435 (1987)

The Shell Company of Australia Limited v Federal Commissioner of Taxation (1930) 44 CLR 530

White v Director of Military Prosecutions (2007) 231 CLR 570

Date of hearing: 31 March 2016
Category: Catchwords
Number of paragraphs: 119
Counsel for the Appellant: Mr R Clutterbuck and Mr G Kalimnios
Solicitor for the Appellant: Bevan Bowe Solicitors
Counsel for the Respondent: Mr D McLure SC and Mr J Nottle
Solicitor for the Respondent: Director of Military Prosecutions

ORDERS

DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
DFDAT 4 of 2015
ON APPEAL FROM DEFENCE FORCE MAGISTRATE
BETWEEN:

ANDREW LEWIS WILLIAMS

Appellant

AND:

CHIEF OF ARMY

Respondent

JUDGES:

TRACEY J (PRESIDENT), BRERETON AND HILEY JJ (MEMBERS)

DATE OF ORDER:

16 DECEMBER 2016

THE TRIBUNAL ORDERS THAT:

1.The period within which the appeal and application for leave to appeal herein must be lodged be extended to the date on which it was lodged.

2.Leave to appeal, insofar as it is required, be granted.

3.The appeal be dismissed.


REASONS FOR DECISION

TRACEY AND HILEY JJ:

  1. The appellant, Sergeant Andrew Lewis Williams, pleaded not guilty to three charges, as follows (the crucial conduct in each being emphasised):

    (1)[DFDA s 61(3) and Crimes Act 1900 ACT s 60(1)] Engaging in conduct outside the Jervis Bay Territory that is…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Williams v Chief of Army and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2016] ADFDAT 3
Decision Date

CaseChat Overview and Summary

In the case of Williams v Chief of Army, the appellant, a member of the Australian Defence Force, was convicted of one charge by a Defence Force Magistrate (DFM) but acquitted on two other charges. The appellant challenged the jurisdiction of the DFM to hear and determine the charges, arguing that the alleged offences did not meet the "service connection" and "service status" tests required for jurisdiction. The court was required to decide whether the DFM had the authority to hear the case and whether there were any errors in the DFM’s consideration of inconsistencies in the evidence presented by the complainant. Furthermore, the court had to assess whether the DFM’s finding of guilt on Charge 1 was inconsistent with the acquittals on Charges 2 and 3.

The court held that the DFM had jurisdiction to hear and determine the charges, as the alleged offences did meet the "service connection" and "service status" tests. The court found no error in the DFM’s consideration of inconsistencies in the complaint evidence. The court noted that the DFM had carefully evaluated the evidence and provided clear reasons for the differing outcomes on the charges. The court concluded that the DFM’s finding of guilt on Charge 1 was not inconsistent with the acquittals on Charges 2 and 3, as each charge had distinct elements that were assessed independently.

Given the court's findings, the appeal was dismissed. The court upheld the DFM’s jurisdiction and the determinations made in relation to the charges. The decision reinforces the importance of the "service connection" and "service status" tests in determining the jurisdiction of the DFM and highlights the need for careful consideration of evidence in military justice proceedings.

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.