Courts Martial

Decision Information

Swaby M.G. (Sergeant), R. v.

Collection Courts Martial
Date 2009-05-14
Neutral citation 2009 CM 4011
Docket 200804
Judge J.-G. Perron
Decision type Finding
Type of Court Martial General Court Martial
See also See also - Swaby M.G. (Sergeant), R. v. - 2009 CM 4010 - 2009-05-07 - Charter Decisions
Notes

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Summary:

Date of commencement of the trial: 5 May 2009

Location: The Lieutenant-Colonel George Taylor Denison lll Armoury, 1 Yukon Lane, Toronto, ON

Charges
•Charge 1 (alternate to charge 2): S. 75h) NDA, when acting as sentry, slept.
•Charge 2 (alternate to charge 1): S. 129 NDA, neglect to the prejudice of good order and discipline.
•Charge 3 (alternate to charge 4): S. 75h) NDA, when acting as sentry, slept.
•Charge 4 (alternate to charge 3): S. 129 NDA, neglect to the prejudice of good order and discipline.
•Charge 5 (alternate to charge 6): S. 75h) NDA, when acting as sentry, slept.
•Charge 6 (alternate to charge 5): S. 129 NDA, neglect to the prejudice of good order and discipline.

Results
•FINDINGS: Charges 1, 2, 3, 4, 5, 6: Not guilty.

Note:
Under subsection 192(2) of the National Defence Act, panel members of a General Court Martial are required to provide the applicable findings to the case exclusively. Accordingly, court martial members do not provide any reasons for their findings.

Decision Content

Citation: R. v.  Sergeant M.G. Swaby, 2009 CM 4011

 

Docket: 200804

 

 

GENERAL COURT MARTIAL

CANADA

ONTARIO

LIEUTENANT-COLONEL G.T. DENISON III ARMOURY, TORONTO

 

Date: 14 May 2009

 

PRESIDING: LIEUTENANT-COLONEL J-G PERRON, M.J.

 

HER MAJESTY THE QUEEN

v.

SERGEANT M.G. SWABY

(Accused)

 

RECORD OF DECISION OF THE COURT

(Rendered Orally)

 

 

On 14 May 2009, the panel of the General Court Martial of Sergeant M.G. Swaby, held at Lieutenant-Colonel George Taylor Denison III Armoury, Toronto, Ontario, returned a verdict of not guilty to all charges on the charge sheet.

 

                                                                      

 

 

 

 

 

                                                                                                                                             

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.