23 February 2011

Decision in Davis v Chief of Army released by Defence Force Discipline Appeal Tribunal

Today the Australian Defence Force Discipline Appeal Tribunal issued a decision in Davis v Chief of Army [2011] ADFDAT 1 (22 February 2010). The issues involved: consensual fight between appellant and victim – appellant charged with assault - whether victim’s consent can be relied upon as a defence – absence of consent is not an element of assault as defined by statute – consent may not be relied upon as defence to assault.

After a lengthy opinion looking to Aussie, Canadian, English and New Zealand authorities, the DFDAT dismissed the appeal and the court-martial conviction stands.

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