Commissioner of Police v Sloane [1986] AFPDT 1

Commissioner of Police v Sloane [1986] AFPDT 1

Although the breach of discipline was grave and exposed the Australian Federal Police to public obloquy, the appropriate penalty was a fine of $300 when balanced against Constable Sloane's impaired judgment from alcohol and concussion, his youth and lack of experience, and evidence of good character. The tendered performance reports did not contain anything that would have led the Tribunal to impose a greater penalty, and the objections based on insufficient notice and lack of oral evidence were well founded.

Jurisdiction
Australia
Judgment Date
25 February 1986
Procedural Posture
Disciplinary Proceeding Under the Complaints (australian Federal Police) Act 1981 / Penalty Decision After Finding of Guilt for a Disciplinary Offence
Outcome
Fine of $300 imposed on Constable Peter Gerald Sloane.
Legal Topics
['australian Federal Police Discipline' 'penalty' 'fine' 'admissibility of Performance Reports']
['police Discipline' 'administrative Law'] ['australian Federal Police Discipline' 'penalty' 'fine' 'admissibility of Performance Reports']

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Procedural Posture

Disciplinary Proceeding Under the Complaints (australian Federal Police) Act 1981 / Penalty Decision After Finding of Guilt for a Disciplinary Offence

Legal Issues

  1. 1 ['What penalty should be imposed on Constable Peter Gerald Sloane for the disciplinary offence found proved on 25 September 1985.' 'Whether occasional reports concerning unsatisfactory performance of duties should be received or affect penalty.']

Ratio Decidendi

Although the breach of discipline was grave and exposed the Australian Federal Police to public obloquy, the appropriate penalty was a fine of $300 when balanced against Constable Sloane's impaired judgment from alcohol and concussion, his youth and lack of experience, and evidence of good character. The tendered performance reports did not contain anything that would have led the Tribunal to impose a greater penalty, and the objections based on insufficient notice and lack of oral evidence were well founded.

Court Disposition

Fine of $300 imposed on Constable Peter Gerald Sloane.

Orders

  • ['The Tribunal imposes on Constable Peter Gerald Sloane in respect of the breach of discipline of which he was found guilty on 25 September 1985 a fine of $300.']