Ferriday v Military Board [1973] HCA 44

Ferriday v Military Board [1973] HCA 44

Under the Defence Act and Army Act as adopted for Australian soldiers, the Tribunal could lawfully impose ten years imprisonment for manslaughter and assault occasioning actual bodily harm; there is no statutory maximum of five years for imprisonment for manslaughter, and opportunity to be heard in mitigation was...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Reference of Questions of Law
Outcome
Questions 3 and 4 answered; remaining questions not answered.
Legal Topics
['courts Martial' 'sentencing' 'manslaughter' 'assault' 'statutory Interpretation']
['military Law' 'criminal Law'] ['courts Martial' 'sentencing' 'manslaughter' 'assault' 'statutory Interpretation']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Reference of Questions of Law

Legal Issues

  1. 1 ['Whether the Tribunal could lawfully impose ten years imprisonment for substituted convictions of manslaughter and assault occasioning actual bodily harm' 'Whether the maximum term of imprisonment for manslaughter under relevant statutes and regulations is five years' 'Whether the Tribunal is required to hear the appellant in mitigation of sentence when substituting convictions']

Ratio Decidendi

Under the Defence Act and Army Act as adopted for Australian soldiers, the Tribunal could lawfully impose ten years imprisonment for manslaughter and assault occasioning actual bodily harm; there is no statutory maximum of five years for imprisonment for manslaughter, and opportunity to be heard in mitigation was adequately provided.

Court Disposition

Questions 3 and 4 answered; remaining questions not answered.

Orders

  • ['Question 3: Yes (the Tribunal could lawfully impose the sentence).' 'Question 4: No (the maximum is not five years).' 'Other questions: No answer.']