I was found guilty of committing an offence by the court martial and am awaiting my punishment. How does sentencing work? Is it the same as the normal courts? Also will I lose my job in the ADF?
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Answer by Madylene Mendiola, Doonside 2767 NSW
- When sentencing an offender the court martial may take into account sentencing principles imposed by civil courts balanced with the need to enforce discipline in the Defence Force.
- The court martial also takes into account:
- your age, rank and maturity;
- your physical and mental condition;
- any relevant personal history;
- whether you have had previous offences overseas or in Australia or previous offences tried in the civil courts;
- if there is a victim, your relationship with the victim;
- your behaviour before, during and after the offence was committed; and
- the effects of conviction on you.
- If the court martial imposes a reparation or restitution order (that is orders made to compensate for something lost, or repair or replace what has been damaged) the court will consider your financial means and your ability to pay the fine.
- If the court martial results in imprisonment any length of time already served by you will be taken into account and will therefore reduce the time left to serve.
- If you have been given a sentence of imprisonment or detention this will result in automatic removal from your employment with the ADF.
- Non-commissioned officers who have been given a detention service will also be demoted to a lower rank.