Behan [1991] ADFDAT 1

Behan [1991] ADFDAT 1

The Tribunal held that the Defence Force magistrate properly applied the standard of proof, gave adequate consideration to allegations of bias and collusion, appropriately addressed the rule in Browne v Dunn, rightly found no basis for accident, properly weighed all evidence and witness credibility, and that none of the fresh evidence tendered would have affected the outcome. Accordingly, the conviction was not unsafe or unsatisfactory, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
18 July 1991
Procedural Posture
Criminal Appeal / Appeal From Conviction Before Defence Force Magistrate
Outcome
appeal dismissed
Legal Topics
['standard of Proof' 'assessment of Witness Credibility' 'fresh Evidence on Appeal' 'rule in Browne V Dunn' 'unsafe or Unsatisfactory Verdict']
['military Law' 'criminal Law'] ['standard of Proof' 'assessment of Witness Credibility' 'fresh Evidence on Appeal' 'rule in Browne V Dunn' 'unsafe or Unsatisfactory Verdict']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal From Conviction Before Defence Force Magistrate

Legal Issues

  1. 1 ['Whether the Defence Force magistrate misapplied the burden and standard of proof' 'Whether the magistrate erred in relation to the rule in Browne v Dunn' 'Whether the magistrate failed to properly direct himself regarding possible collusion amongst prosecution witnesses' 'Whether the verdict was unsafe or unsatisfactory' 'Whether irrelevant matters were improperly taken into account' 'Whether an alternative hypothesis of accident was not properly considered' 'Whether fresh evidence should lead to the conviction being quashed']

Ratio Decidendi

The Tribunal held that the Defence Force magistrate properly applied the standard of proof, gave adequate consideration to allegations of bias and collusion, appropriately addressed the rule in Browne v Dunn, rightly found no basis for accident, properly weighed all evidence and witness credibility, and that none of the fresh evidence tendered would have affected the outcome. Accordingly, the conviction was not unsafe or unsatisfactory, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.']