Commissioner of Police v Allan [1982] AFPDT 4

Commissioner of Police v Allan [1982] AFPDT 4

The Tribunal, applying the civil standard of proof, found the evidence of the complainants credible, rejected the officers’ evidence, and determined that the disciplinary charges, including assault and being knowingly concerned in assaults, were proven against both officers.

Parties
Complainant: The Commissioner of Police; Respondent: Senior Constable John Gerrard Allan; Respondent: Detective Senior Constable Peter John Hardcastle
Jurisdiction
Australia
Judgment Date
17 November 1982
Procedural Posture
Disciplinary Proceedings / Decision
Outcome
Both officers found guilty of the breaches of discipline as alleged; matters remitted for penalty determination.
Legal Topics
Police Discipline, Breach of Discipline, Assault Allegations, Evidentiary Standards
Administrative Law Disciplinary Law Police Discipline Breach of Discipline Assault Allegations Evidentiary Standards

Case Brief

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Parties

The Commissioner of Police

Complainant

Senior Constable John Gerrard Allan

Respondent

Detective Senior Constable Peter John Hardcastle

Respondent

Procedural Posture

Disciplinary Proceedings / Decision

Legal Issues

  1. 1 Whether Senior Constable John Gerrard Allan committed breaches of discipline involving alleged assaults
  2. 2 Whether Detective Senior Constable Peter John Hardcastle was knowingly concerned in the commission of alleged assaults
  3. 3 Assessment of credibility of witnesses

Ratio Decidendi

The Tribunal, applying the civil standard of proof, found the evidence of the complainants credible, rejected the officers’ evidence, and determined that the disciplinary charges, including assault and being knowingly concerned in assaults, were proven against both officers.

Court Disposition

Both officers found guilty of the breaches of discipline as alleged; matters remitted for penalty determination.

Orders

  • Senior Constable John Gerrard Allan is guilty of each breach of discipline alleged in notices dated 31 July 1982 and 13 August 1982.
  • Detective Senior Constable Peter John Hardcastle is guilty of each breach of discipline alleged in notices dated 31 July 1982.