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Judgment date
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).