Crime and Corruption Commission v Acting Assistant Commissioner M.J. Keating

The case before the court involved the Crime and Corruption Commission challenging the adequacy of the disciplinary action taken against an officer, Acting Assistant Commissioner M.J. Keating, following an incident where the officer discharged their firearm during traffic interception duties. The incident occurred when two separate cars failed to stop after being signalled to do so. In the first instance, the officer threw a torch at the car and, in the second instance, the officer discharged their firearm. Following an investigation, the officer was reprimanded and the Police Service imposed a reduction of one pay point. The Commission argued that this sanction was not adequate and sought to have it reviewed.

The central legal issue before the court was whether the sanction imposed on the officer was adequate in the circumstances. The court had to consider the severity of the officer's conduct, the impact of that conduct on public confidence in the Police Service, and the proportionality of the sanction imposed. The court also had to determine whether the officer's actions warranted a more severe penalty, such as demotion, and if so, whether any such penalty should be suspended.

The court found that the sanction of a reduction of one pay point was not adequate given the gravity of the officer's conduct. The court considered that the officer's actions had the potential to cause serious harm and had a significant impact on public confidence in the Police Service. The court also noted that the officer had previously been involved in similar incidents, which indicated a pattern of misconduct. As a result, the court set aside the original decision and ordered that the officer be demoted from Senior Constable 2.9 to Constable 1.6, but this demotion was to be wholly suspended for a period of 12 months. This outcome was seen as a proportionate response to the officer's conduct, while also providing an opportunity for the officer to reflect on their actions and improve their conduct in the future.