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Office of the Judge Advocate General

Upcoming Appeals

As of March 2004

Appellant

Her Majesty the Queen

Respondent

WO Brady

Court

CMAC

Date of Court Martial

28-30 October 2003

Charges and Findings

2 x Stealing
-Proceedings Terminated for lack of jurisdiction

2 x Act to the Prejudice of Good Order and Discipline
-Proceedings Terminated for lack of jurisdiction

Sentence

NA

Appeal as to

Legality of the decision to refuse to exercise jurisdiction

Date of Notice of Appeal

20 November 2003

Location of Appeal  
Appeal Hearing Date  
 
Appellant Lt(N) Scott

Respondent

Her Majesty the Queen

Court

CMAC

Date of Court Martial

10-14 November 2003

Charges and Findings

1 x   Disobeyed a lawful command of a superior officer
  Guilty

Sentence

A severe reprimand and a fine in the amount of $3,000.00

Appeal as to

Legality of Finding and Severity of Sentence

Date of Notice of Appeal

22 November 2003

Location of Appeal  
Appeal Hearing Date  
 
Appellant Pte Dixon

Respondent

Her Majesty the Queen

Court

CMAC

Date of Court Martial

16-21 December 2003

Charges and Findings

1 x   Possession of Child Pornography
  Guilty

Sentence

Imprisonment for a period of 7 days and a fine in the amount of $5,000.00.  The carrying into effect of the punishment of imprisonment has been suspended.

Appeal as to

Legality of Finding and Severity of Sentence

Date of Notice of Appeal

15 January 2004

Location of Appeal  
Appeal Hearing Date  
 

Appellant

Her Majesty the Queen

Respondent

LS Walker

Court

CMAC

Date of Court Martial

3-6 February 2004

Charges and Findings

2 x   Sexual Assault
-Not Guilty

1 x   Conduct to the Prejudice of Good Order and Discipline
-Guilty

Sentence

A severe reprimand and a fine in the amount of $900.00.

Appeal as to

Legality of finding

Date of Notice of Appeal 24 February 2004
Location of Appeal  
Appeal Hearing Date  

 

Appellant

Cpl Rose

Respondent

Her Majesty the Queen

Court

CMAC

Date of Court Martial

17-27 February 2004

Charges and Findings

1 x   Sexual Assault
  Guilty of the lesser included offence of assault

1 x   Breaking and entering and committing an indictable offence (sexual assault)
  Guilty of the lesser and included offence of breaking and entering and committing the indictable offence of assault

Sentence

Detention for a period of 14 days.

Appeal as to

Legality of finding

Legality of Sentence

Severity of Sentence

Date of Notice of Appeal 24 February 2004
Location of Appeal  
Appeal Hearing Date 15 March 2004