Case Number

HCJ 1/48

Date Decided

9-29-1948

Decision Type

Original

Document Type

Full Opinion

Abstract

The Petitioner, while employed by the Army as a civilian employee, assaulted a soldier and committed other acts constituting criminal offences under both military and civil law. After he had ceased to be so employed, the Petitioner was charged before a military court. He sought an order restraining the military court from proceeding with the charges on the grounds that he was not at the relevant time a soldier within the meaning of the Army Code, or alternatively that he had ceased to be a soldier when charged and that a military court therefore had no jurisdiction in the matter.

Held, that the Petitioner had been a soldier within the meaning of the Army Code, 1948, when he committed the acts in respect of which he was charged, but that at the time such charges were filed he had ceased to be a soldier, and that a military court did not have jurisdiction to try such a person.

Keywords

Army, Courts, Criminal Law

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