Commissioner of Police v Rosevear [1990] AFPDT 4

Commissioner of Police v Rosevear [1990] AFPDT 4

Constables Rosevear and McFadyen, through their aggressive conduct and concerted actions, were found guilty on multiple counts of unbecoming conduct and improper conduct (including assault and offensive language). Constable Hunt did not lend his will or body to the aggressive acts and was found not guilty on all allegations. Some charges against Rosevear and McFadyen were dismissed where the standard of proof was not met.

Parties
Complainant: Commissioner of Police; Respondent: Constable Glen Rosevear; Respondent: Constable Gary Bernard Hunt; Respondent: Constable Ronald John McFadyen
Jurisdiction
Australia
Judgment Date
31 July 1990
Procedural Posture
Disciplinary Proceedings / Decision and Findings
Outcome
Constables Rosevear and McFadyen found guilty on most charges; Constable Hunt acquitted. Certain charges against Rosevear and McFadyen dismissed.
Legal Topics
Improper Conduct, Assault, Offensive Language, Concerted Action, Disciplinary Orders, Costs
Police Law Administrative Law Disciplinary Proceedings Improper Conduct Assault Offensive Language Concerted Action Disciplinary Orders +1 more

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Parties

Commissioner of Police

Complainant

Constable Glen Rosevear

Respondent

Constable Gary Bernard Hunt

Respondent

Constable Ronald John McFadyen

Respondent

Procedural Posture

Disciplinary Proceedings / Decision and Findings

Legal Issues

  1. 1 Whether the respondents acted in a manner unbecoming members of the AFP by using insulting and offensive language
  2. 2 Whether the respondents were guilty of improper conduct otherwise than in official capacity, including allegations of assault and damage to property
  3. 3 Whether respondents acted in concert in the commission of assaults

Ratio Decidendi

Constables Rosevear and McFadyen, through their aggressive conduct and concerted actions, were found guilty on multiple counts of unbecoming conduct and improper conduct (including assault and offensive language). Constable Hunt did not lend his will or body to the aggressive acts and was found not guilty on all allegations. Some charges against Rosevear and McFadyen were dismissed where the standard of proof was not met.

Court Disposition

Constables Rosevear and McFadyen found guilty on most charges; Constable Hunt acquitted. Certain charges against Rosevear and McFadyen dismissed.

Orders

  • Charges on which Rosevear and McFadyen found guilty referred to the Commissioner for imposition of penalty (Rosevear: numbers 41, 44, 45, 46, 47, 48; McFadyen: numbers 59, 62, 63, 64, 65, 66)
  • Charges 42, 43, 49 against Rosevear dismissed