BENDER, Robert

Family Name: Bender

Given Names: Robert

Gender: Male

Age: 22 years old

Birth-date: 16 October 1945

Death-date: Unknown

Marital Status: Single

Age/ Age Range: Early 20s

Location: VIC, Carlton

Occupation: Kodak Employee

Primary Motivation: Conscientious Objector, Humanist Pacifism

Reason for Court Appearance:

[1] Application for full exemption from military duties
[2] Appealed decision to not grant full exemption from military duties

Court Name and Location:

[1] Court of Petty Sessions, Melbourne
[2] County Court, Melbourne

Court Hearing Date:

[1] 14 March 1968
[2] 16 September 1968

Court Outcome:

[1] Application for full exemption from military duties was not granted
[2] Appeal upheld and granted full exemption from military duties

Military Event: National Service and Vietnam War 1964-1972

Further Information:

Robert Bender was a 22 year-old from Carlton Victoria. His marital status was single for both court hearings but he married in December 1968. On 14 March 1968 his application for full exemption was dismissed by Magistrate Foley. He said that whilst he is not against all violence he believes war to be immoral, and any participation in the army would make him an accomplice. His pacifism was grounded in humanism.
Robert lodged an appeal, and it was heard by Judge Mitchel or Hewitt of the County Court Melbourne. At the hearing Robert stated that, “He had a moral objection to all war on the grounds that it involved the deliberate and negligent taking of human life or inflicting of suffering. But killing was justified in some circumstances…for example in self-defence. He contrasted this situation as spontaneous compared with premeditation of war.” The judge commented at the court hearing that it was unusual for an applicant to argue on non-religious grounds. Robert further stated that he regarded” non-combatant duties in the same light as the law regards an accomplice in a crime. All parts of the army are geared to the aim of the whole”. He also said that he would resign his job at Kodak if it started work with the Army. He also mentioned he had belonged to Cadets at school and first thought about conscientious objection when the NSA was introduced. Since then, he had read 100 books for and against war Judge Mitchel or Hewitt commented that, “I’m usually suspicious of people who affirm. But I accept the sincerity of Bender’s application and of his evidence”. He agreed with a 1953 precedent and said, “the judge’s views in these cases are not relevant. However, stupid the judge thinks the appellant’s views, he is bound to uphold them if believes them to be sincerely held. I think this appellant does come within the Act”.
Andrew Hopkins who reported on the case added that the legal counsel. Nettlefold, appearing for the Minister criticised the decision. He felt the judge had not properly grasped the inconsistency of the applicant during the questions regarding killing and the circumstances surrounding killing. Robert’s legal counsel, Alf O’Connor, stated that this was the first time Judge Mitchel or Hewitt had upheld an appeal.

Confirmatory Sources:

Geoffrey A Sandy, Personal Interview with Robert Bender, 29 May 2019; Peacemaker, Apr 1968, p.3; Sep/ Oct 1968, p.3; Robert Bender File, Vivienne Abraham Documents.

Image: Robert Bender aged 19 years

Courtesy: Robert Bender