Baker v Chief of Army [2017] ADFDAT 3

Baker v Chief of Army [2017] ADFDAT 3

None of the defences or justifications advanced—pertaining to military context, justification under other laws, sudden or extraordinary emergency, or self-defence—were available to the appellant on the facts and law; the findings of guilt by the Defence Force Magistrate were supported by the evidence, and the appeal must be dismissed.

Parties
Appellant: Wayne Donald Baker; Respondent: Chief of Army
Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Application for Extension of Time and Appeal Against Conviction / Appeal Judgment
Outcome
Appeal dismissed; extension of time and leave to appeal granted
Legal Topics
Assault, Defence Force Discipline, Criminal Responsibility, Justification and Excuse, Sudden or Extraordinary Emergency, Self Defence, Military Context in Criminal Law
Criminal Law Military Law Assault Defence Force Discipline Criminal Responsibility Justification and Excuse Sudden or Extraordinary Emergency Self Defence +1 more

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Parties

Wayne Donald Baker

Appellant

Chief of Army

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Defence Force Magistrate failed to consider the military context of the offending
  2. 2 Whether findings of guilt were against the weight of the evidence
  3. 3 Correct construction of s 10.5 of the Commonwealth Criminal Code on justification or excuse by 'a law'

Ratio Decidendi

None of the defences or justifications advanced—pertaining to military context, justification under other laws, sudden or extraordinary emergency, or self-defence—were available to the appellant on the facts and law; the findings of guilt by the Defence Force Magistrate were supported by the evidence, and the appeal must be dismissed.

Court Disposition

Appeal dismissed; extension of time and leave to appeal granted

Orders

  • The period within which the appeal and application for leave to appeal must be lodged be extended to the date on which it was lodged.
  • Leave to appeal, to the extent necessary, be granted.