Commissioner of Police v Roberts [1987] AFPDT 2

Commissioner of Police v Roberts [1987] AFPDT 2

The proven intimidation and denial of legal representation by Senior Constable Roberts constituted a breach of discipline under Regulation 18(1)(d). While the conduct was gravely improper, mitigating factors including frank admission, past compassion, and no evidence of purposeful manipulation justified reduction of salary to the lowest rate for Senior Constable rather than dismissal.

Parties
Complainant: Commissioner of Police; Respondent: Senior Constable Peter Francis Roberts
Jurisdiction
Australia
Judgment Date
10 April 1987
Procedural Posture
Disciplinary Proceeding / Decision
Outcome
guilty of breach of discipline; penalty imposed
Legal Topics
Breach of Discipline, Improper Conduct, Intimidation, Denial of Legal Representation
Administrative Law Police Discipline Breach of Discipline Improper Conduct Intimidation Denial of Legal Representation

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Parties

Commissioner of Police

Complainant

Senior Constable Peter Francis Roberts

Respondent

Procedural Posture

Disciplinary Proceeding / Decision

Legal Issues

  1. 1 Whether Senior Constable Peter Francis Roberts committed a breach of discipline by intimidating and denying access to legal representation to a person in custody
  2. 2 What is the appropriate penalty for the disciplinary offence

Ratio Decidendi

The proven intimidation and denial of legal representation by Senior Constable Roberts constituted a breach of discipline under Regulation 18(1)(d). While the conduct was gravely improper, mitigating factors including frank admission, past compassion, and no evidence of purposeful manipulation justified reduction of salary to the lowest rate for Senior Constable rather than dismissal.

Court Disposition

guilty of breach of discipline; penalty imposed

Orders

  • Senior Constable Peter Francis Roberts' annual rate of salary is reduced to the lowest annual rate payable to members holding the grade of Senior Constable within the rank of Constable.