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Li v Chief of Army

[2013] HCA 49
Case number
S162/2013
Before
French CJ, Crennan, Kiefel, Bell, Gageler JJ
Catchwords

Defence – Military forces – Discipline – Service offences ¬– Offence of creating a disturbance on service land – Meaning of "disturbance" – Physical and fault elements of "creating" a disturbance – Whether violence or threat of violence necessary to existence of "disturbance" – Whether "creating" a disturbance has one or two physical elements.

Words and phrases – "creating a disturbance", "disturbance".

Criminal Code (Cth) – Ch 2.

Defence Force Discipline Act 1982 (Cth) – s 33(b).

Defence Force Discipline Appeals Act 1955 (Cth).

Files
49.rtf (174.75 KB)
49.pdf (60.2 KB)