The oath of enlistment taken by ADF members does not create a duty to act in the 'Australian public interest' that defines 'official duty' for the purposes of s 73A(1) of the Defence Act 1903 (Cth) or 'duty' under s 70(1) of the Crimes Act 1914 (Cth); lawful general orders under the Defence Force Discipline Act 1982 (Cth) may define the scope of that duty. For sentencing purposes, the connection between mental impairment and offending required under Verdins principles is a 'material contribution' or 'realistic connection', not a 'direct causative link'. Where aggregate sentences exceed four years, an intensive correction order will be inappropriate regardless of whether individual sentences fall below the statutory threshold.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
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