Former army lawyer David McBride appeals conviction claiming duty to disclose military secrets

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Former army lawyer David McBride appeals conviction claiming duty to disclose military secrets
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McBride has appealed his jail sentence of five years and eight months claiming he ‘blew the whistle on the unequal application of the law’ by the ADF

David McBride pleaded guilty to three charges including stealing commonwealth information and passing that on to journalists at the ABC.David McBride pleaded guilty to three charges including stealing commonwealth information and passing that on to journalists at the ABC.

In May, the ACT supreme court justice David Mossop sentenced McBride to five years and eight months in jail with a non-parole period of 27 months. McBride collected mostly secret military information over an 18-month period in 2014 and 2015 and handed it to journalists at the public broadcaster. The material was used as the basis for a 2017 investigative series exposing alleged war crimes committed by Australian defence force personnel in Afghanistan titled The Afghan Files.

Odgers argued McBride did not think he was committing an offence, that his decision-making was affected by poor mental health and post-traumatic stress disorder and that the risk of the documents being released to others beyond the journalists he gave them to was low.

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