In the matter of an Appeal against conviction from General Court Martial of 550166 Sergeant Car1 Stephen St John [1989] ADFDAT 2

In the matter of an Appeal against conviction from General Court Martial of 550166 Sergeant Car1 Stephen St John [1989] ADFDAT 2

The charge against the appellant was defectively drafted but material facts showed he was a defence member; no substantial miscarriage of justice occurred; forensic ballistics reconstruction evidence was admissible and its probative value outweighed any prejudicial effect; appeal dismissed.

Parties
Appellant: Sergeant Carl Stephen St John; Respondent: Attorney-General/Respondent
Jurisdiction
Australia
Judgment Date
26 June 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Defence Force Discipline, Charges and Particulars, Admissibility of Evidence
Military Law Criminal Law Defence Force Discipline Charges and Particulars Admissibility of Evidence

Case Brief

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Parties

Sergeant Carl Stephen St John

Appellant

Attorney-General/Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the charge sheet correctly alleged the offence under s.36(1) Defence Force Discipline Act 1982
  2. 2 Admissibility and weight of forensic reconstruction evidence
  3. 3 Whether a material irregularity caused a substantial miscarriage of justice

Ratio Decidendi

The charge against the appellant was defectively drafted but material facts showed he was a defence member; no substantial miscarriage of justice occurred; forensic ballistics reconstruction evidence was admissible and its probative value outweighed any prejudicial effect; appeal dismissed.

Court Disposition

appeal dismissed