Commissioner of Police v Gallagher [1988] AFPDT 4
The evidence, while capable of raising suspicion, did not reach the standard that could satisfy a tribunal of fact acting reasonably beyond reasonable doubt of Senior Constable Gallagher’s guilt; thus, he was found not guilty of the charge.
- Parties
- Complainant: Commissioner of Police; Respondent: Graham John Gallagher
- Jurisdiction
- Australia
- Judgment Date
- 21 November 1988
- Procedural Posture
- Disciplinary Proceeding / Decision and Reasons for Decision
- Outcome
- not guilty
- Legal Topics
- Disciplinary Proceedings, Standard of Proof, Costs in Disciplinary Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Commissioner of Police
Complainant
Graham John Gallagher
Respondent
Procedural Posture
Disciplinary Proceeding / Decision and Reasons for Decision
Legal Issues
- 1 Whether Senior Constable Graham John Gallagher committed a disciplinary offence by supplying a blank medical certificate form to Peter Francis Roberts
- 2 Whether the evidence was sufficient to establish guilt beyond reasonable doubt
- 3 Whether costs should be ordered in favour of the respondent
Ratio Decidendi
The evidence, while capable of raising suspicion, did not reach the standard that could satisfy a tribunal of fact acting reasonably beyond reasonable doubt of Senior Constable Gallagher’s guilt; thus, he was found not guilty of the charge.
Court Disposition
not guilty
Orders
- Senior Constable Graham John Gallagher is found not guilty of the disciplinary offence charged.
- The costs of the proceedings before the Tribunal incurred by Senior Constable Graham John Gallagher are to be paid by the Commonwealth.
Full Case Text
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