Hume v Acting Assistant Commissioner Michael Keating - [2015] QCAT 202

CITATION:

Hume v Acting Assistant Commissioner Michael Keating [2015] QCAT 202

PARTIES:	Colin Hume (Applicant)
v
Acting Assistant Commissioner Michael Keating (Respondent)

APPLICATION NUMBER:

OCR249-14

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Acting Senior Member Browne

DELIVERED ON:

1 June 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The sanction imposed on Senior Constable Colin Hume by Acting Assistant Commissioner Michael Keating on 22 October 2014 is confirmed, namely-

(a) A reduction in paypoint from 2.9 to 2.8 for 12 months.

(b) The sanction is suspended conditional upon Senior Constable Colin Hume completing 100 hours community service at a Police Citizens Youth Club within 12 months from the date of the original determination (22 October 2014).

CATCHWORDS:

POLICE DISCIPLINARY PROCEEDINGS – SANCTION – where Senior Constable drink driving off duty – blood alcohol level of 0.14% - where mitigating circumstances - whether period of 100 hours community service is excessive

Police Service Administration Act 1990 (Qld), s 1.4
Police Service (Discipline) Regulations 1990 (Qld), s 3, s 6, s 12, s 19
Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act), s 19, s 20, s 21, s 24

Aldrich v Ross [2010] 2 Qd R 235; cited
Crime and Misconduct Commissioner v McLennan & Ors [2008] QSC 23; cited
Hardcastle v Commissioner of Police (1984) 53 ALR 593; cited
McKenzie v Acting Assistant Commissioner Wright [2011] QCATA 309; cited
Murray v Deputy Commissioner Stewart [2011] QCAT 583; cited
O’Brien v Assistant Commissioner Steven Gollschewski, Queensland Police Service [2014] QCATA 148; cited
Police Service Board v Morris (1985) 156 CLR 397; cited
Tolsher v Commissioner of Police Ian Stewart (No 2) [2013] QCAT 590; cited
Queensland Police Service v Compton (No 2) [2011] QCATA 246; cited

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REPRESENTATIVES:

APPLICANT:

Colin Hume represented by Mr T E Schmidt of Counsel

RESPONDENT:

Acting Assistant Commissioner Michael Keating represented by Mr Craig Capper, Senior Legal Officer, Legal Service, Public Safety Business Agency

REASONS FOR DECISION

In April 2013 Colin Hume left the Windaroo Tavern and made the decision to drive his motorcycle home. Shortly after leaving the Tavern he was pulled over by police who were conducting random breath testing.
Mr Hume’s decision to drive home was the wrong decision because he had been drinking and police recorded his blood alcohol reading as 0.14%. He was a Senior Constable of the Queensland Police Service (QPS) and was off duty at the time.
Mr Hume appeared before the Magistrates Court on 26 July 2013. He was fined in the amount of $700 and disqualified from holding or obtaining a drivers licence for a period of 4 months. No conviction was recorded against him.
A disciplinary hearing was conducted by the QPS as a result of the drink driving incident. On 22 October 2014…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Hume v Acting Assistant Commissioner Michael Keating and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2015] QCAT 202
Decision Date: 1 June 2015

CaseChat Overview and Summary

In the case of Hume v Acting Assistant Commissioner Michael Keating, Senior Constable Colin Hume appealed against the disciplinary sanction imposed by the Acting Assistant Commissioner Michael Keating, who found him guilty of drink driving while off duty. The matter was heard in the Supreme Court of Queensland. The nature of the dispute centred on the severity of the sanction, specifically the imposition of 100 hours of community service at a Police Citizens Youth Club, which the Senior Constable contended was excessive.

The legal issues before the court revolved around whether the sanction imposed was appropriate in the circumstances, particularly considering the mitigating factors presented by the Senior Constable. Hume argued that the community service component of the sanction was disproportionate, taking into account his otherwise unblemished career and the fact that he had already faced administrative action for the same incident. The court needed to determine whether the sanction was excessive and whether the mitigating circumstances warranted a different outcome.

The court deliberated on the principles of fairness and proportionality in disciplinary sanctions. It noted that while the imposition of community service was a common penalty, the specific amount needed to be proportionate to the offence and the offender's circumstances. The court found that the sanction was not excessive, taking into account the mitigating factors presented and the standard practice in similar cases. It upheld the sanction imposed by the Acting Assistant Commissioner, concluding that it was appropriate and within the range of acceptable penalties for the offence committed.

Orders

Orders of the court

1. The sanction imposed on Senior Constable Colin Hume by Acting Assistant Commissioner Michael Keating on 22 October 2014 is confirmed, namely-

(a) A reduction in paypoint from 2.9 to 2.8 for 12 months.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.