| CITATION: | Chapman v Crime and Misconduct Commission & Rynders [2012] QCATA 16 |
| PARTIES: | Damien Chapman (Applicant/Appellant) |
| v | |
| Crime and Misconduct Commission (First Respondent) Deputy Commissioner Kathy Rynders, Queensland Police Service (Second Respondent) |
| APPLICATION NUMBER: | APL363-10 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | 25 July 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | Justice Alan Wilson, President |
| DELIVERED ON: | 6 February 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | Appeal dismissed. |
| CATCHWORDS: | APPEAL – QUESTION OF LAW – FAILURE TO TAKE INTO ACCOUNT RELEVANT CONSIDERATIONS – TAKING INTO ACCOUNT IRRELEVANT CONSIDERATIONS – DISCIPLINARY PROCEEDINGS – IMPROPER CONDUCT – where the Crime and Misconduct Commission sought a review of Internal Police Service disciplinary charges alleging misconduct – where QCAT Tribunal found the appellant guilty of improper conduct in the course of his work as a sergeant in the Queensland Police Service –whether the QCAT Tribunal took into account irrelevant considerations – whether the decision of the QCAT Tribunal was against the evidence – whether the QCAT Tribunal made errors of fact vitiating its conclusions Crime and Misconduct Act 2001, ss 219BA, 219G Aldrich v Ross [2001] Qd R 235 |
APPEARANCES and REPRESENTATION:
APPELLANT: Mr Smith of Counsel representing Damien Chapman
RESPONDENTS: Mr Allen of Counsel representing the Crime and Misconduct Commission
Mr McLeod of Counsel representing Queensland Police Service
REASONS FOR DECISION
Mr Chapman, formerly a sergeant in the Queensland Police Service, was found last year by a QCAT Tribunal to be guilty of improper conduct, in that he used excessive force while arresting a 15 year old youth at Clontarf on 18 May 2007. The youth suffered a ruptured spleen on that day, at a time when he was in police custody.
Internal Police Service disciplinary charges alleging misconduct were initially decided in Mr Chapman’s favour by a Deputy Commissioner. The CMC sought a review before QCAT and, after a hearing, the Tribunal (comprised of the Hon James Thomas AM QC and Ms S Booth, Senior Member) found Mr Chapman guilty of improper conduct[1].
Following that decision, Mr Chapman resigned from the police force. At a subsequent hearing about penalty the Tribunal indicated that, but for his resignation, it would have ordered that he be dismissed. This is an appeal from the decision in which he was found guilty of improper conduct.
The appeal contains numerous questions of law, but the primary ground argued is that the Tribunal’s decision was contrary to and against the weight of evidence. Under s 142(3)(b) of the QCAT Act, the primary ground can only be argued and heard if the…
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- Case
- [2012] QCATA 16
- Decision Date
CaseChat Overview and Summary
The court examined whether the QCAT Tribunal had correctly identified and applied the relevant considerations and if it had inadvertently included irrelevant factors. The court also scrutinized whether the QCAT Tribunal's conclusions were against the evidence and whether any factual errors undermined the tribunal's findings. The court concluded that the QCAT Tribunal had properly considered the relevant factors and had not erred in its factual determinations. The tribunal's decision was found to be consistent with the evidence presented. Consequently, the court dismissed Chapman's appeal, affirming the QCAT Tribunal's findings of improper conduct.
The court's reasoning was grounded in a thorough analysis of the evidence and the applicable legal standards. The court found that the QCAT Tribunal had meticulously considered the relevant aspects of the case and had not included any extraneous factors in its decision-making process. The tribunal's conclusions were deemed to be well-supported by the evidence, and no errors of fact were identified that would invalidate the findings. The appeal was therefore dismissed, and the original disciplinary charges against Chapman were upheld.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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