Carmichael v Chief of Navy [2009] ADFDAT 3

Carmichael v Chief of Navy [2009] ADFDAT 3

The Tribunal held that although there was unexplained delay in notification of the review outcome, it was appropriate to extend the time for appeal due to the applicant's reliance on legal advice and exhaustion of available remedies. However, on the merits, the Tribunal found that the discrepancies in the victim's...

Source-derived case information.

Parties
Applicant: Scott Carmichael; Respondent: Chief of Navy
Jurisdiction
Australia
Judgment Date
18 May 2009
Procedural Posture
Application for Extension of Time and Appeal Against Conviction / Judgment on Application for Extension of Time and Substantive Appeal
Outcome
Application for extension of time granted; appeal dismissed.
Legal Topics
Extension of Time to Appeal, Unreasonableness of Conviction, Assessment of Witness Credibility, Appeals From Defence Force Magistrate, Approach to Discretion Under S 21 Defence Force Discipline Appeals Act
Criminal Law Military Law Practice and Procedure Extension of Time to Appeal Unreasonableness of Conviction Assessment of Witness Credibility Appeals From Defence Force Magistrate Approach to Discretion Under S 21 Defence Force Discipline Appeals Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Scott Carmichael

Applicant

Chief of Navy

Respondent

Procedural Posture

Application for Extension of Time and Appeal Against Conviction / Judgment on Application for Extension of Time and Substantive Appeal

Legal Issues

  1. 1 Whether extension of time within which to appeal should be granted
  2. 2 Whether convictions were unreasonable or could not be supported on the evidence
  3. 3 Whether convictions were unsafe and unsatisfactory

Ratio Decidendi

The Tribunal held that although there was unexplained delay in notification of the review outcome, it was appropriate to extend the time for appeal due to the applicant's reliance on legal advice and exhaustion of available remedies. However, on the merits, the Tribunal found that the discrepancies in the victim's evidence went only to peripheral matters, credible corroborating evidence supported the convictions, and no reasonable doubt as to guilt existed. Accordingly, the appeal was dismissed.

Court Disposition

Application for extension of time granted; appeal dismissed.

Orders

  • The time within which the applicant may lodge an appeal from his convictions by a Defence Force Magistrate on 5 July 2007 be extended to 5 March 2009.
  • The appeal be dismissed.