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R v Stevenson - [1986] 2 NZLR 758

$30.00

Courts Martial Appeal Court Wellington
27 May; 16 July 1985
Tompkins J, P G S Penlington QC and J A Grace
Military law — Duties of a Judge Advocate — Offences — Ill-treatment of a person of lower rank — Conviction by General Court-Martial — Judge Advocate had directed the Court-Martial that the offence of ill-treatment under s 41(b) of the Armed Forces Discipline Act required proof of the same degree of force as that required for an assault as defined in the Crimes Act 1961 — Whether this was a misdirection — Whether Judge Advocate had failed to adequately direct the Court-Martial on a defence raised by the accused — Guidelines for the summing up of a Judge Advocate — Armed Forces Discipline Act 1971, ss 41 and 134.

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