Private R v Cowen

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJPRIVATE R  PLAINTIFFANDBRIGADIER MICHAEL COWEN & ANOR  DEFENDANTSPrivate R v Cowen[2020] HCA 31Date of Hearing: 30 June 2020Date of Judgment: 9 September 2020S272/2019ORDER1.Application dismissed. 2. The plaintiff pay the second defendant's costs of the application. RepresentationT A Game SC and B L Jones with J Nottle for the plaintiff (instructed by Wyatts Lawyers)Submitting appearance for the first defendantS P Donaghue QC, Solicitor-General of the Commonwealth, with J E Davidson and D J Ryan for the second defendant (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPrivate R v CowenConstitutional law (Cth) – Defence – Military discipline – Where plaintiff charged with assault occasioning actual bodily harm – Where plaintiff and complainant members of Australian Defence Force at time of alleged conduct – Where neither plaintiff nor complainant on duty or in uniform – Where plaintiff charged under s 61(3) of Defence Force Discipline Act 1982 (Cth) – Where s 61(3) provided defence member guilty of offence if engaged in conduct outside Jervis Bay Territory and that conduct would constitute Territory offence if it took place in Jervis Bay Territory – Where plaintiff's conduct also constituted offence under ordinary criminal law and civil courts available – Where plaintiff challenged jurisdiction of Defence Force magistrate to hear charge – Whether s 51(vi) of Constitution supported conferral of jurisdiction by Defence Force Discipline Act upon...