Li v. Chief of Army
Lower Court Judgment
26/02/2013 Federal Court of Australia (Keane CJ, Dowsett J, Logan J, Jagot J, Yates J)
Criminal law – Defence Force Discipline Act 1982 (Cth) (“the Act”) – Restricted Court Martial – Appellant convicted of creating a disturbance under s 33(b) of the Act – Proper construction of s 33(b) – Whether offence under s 33(b) requires proof that the accused intended to create a disturbance – Whether Chapter 2 of the Criminal Code (Cth) permits fault element of an offence to be framed by reference to terms and particulars of charge rather than terms of section creating offence – Whether offence under s 33(b) requires an element of actual violence.
Words and phrases – “Creates a disturbance”.
16/08/2013 Hearing (SLA, Sydney)
29/08/2013 Notice of appeal
20/09/2013 Written submissions (Appellant)
20/09/2013 Chronology (Appellant)
11/10/2013 Written submissions (Respondent)