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Crime and Misconduct Commission v Flegg and Anor[2013] QCATA 29

Crime and Misconduct Commission v Flegg and Anor[2013] QCATA 29

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Editorial Notes

  • Published Case Name:

    Crime and Misconduct Commission v Flegg and Anor

  • Shortened Case Name:

    Crime and Misconduct Commission v Flegg and Anor

  • MNC:

    [2013] QCATA 29

  • Court:

    QCATA

  • Judge(s):

    Justice Alan Wilson P, Member Dr Bridget Cullen

  • Date:

    20 Feb 2013

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QCAT 7424 Feb 2012Police disciplinary action was brought against Sgt Flegg. Assistant Commissioner O’Regan imposed a sanction on Sgt Flegg. The CMC appealed on the grounds that the penalty imposed was inadequate because of the seriousness of Sgt Flegg’s conduct. Decision of Assistant Commissioner O’Regan confirmed: Mr Richard Oliver, Senior Member.
Primary Judgment[2013] QCATA 2920 Feb 2013Appeal allowed and the severity of the sanction imposed on Sgt Flegg was increased: Justice Alan Wilson, President Dr Bridget Cullen, Member.
Appeal Determined (QCA)[2013] QCA 37613 Dec 2013Leave to appeal granted and appeal allowed. Decision of the QCAT appellate tribunal set aside and parties directed to file written submissions as to whether this Court should conclude that the decision of the senior member could not have been reasonably made on the facts found by him and the orders this Court should make: McMurdo P, Gotterson JA, M Wilson J.
Appeal Determined (QCA)[2014] QCA 4211 Mar 2014The appeal to the appeal tribunal against the decision of the senior member delivered on 24 February 2012 was dismissed: Gotterson JA and Margaret Wilson J concurring, Margaret McMurdo P dissenting.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Aldrich v Boulton[2001] 2 Qd R 235; [2000] QCA 5012 citations
Crime & Misconduct Commission v Flegg and Anor [2012] QCAT 746 citations
Crime and Misconduct Commission v Assistant Commissioner Barnett and Eaton [2011] QCAT 1613 citations
House v The King (1936) 55 CLR 4993 citations
Police Service Board v Morris & Martin (1985) 156 CLR 3972 citations
Queensland Police Service v Compton [2011] QCATA 1122 citations
R v Wilton (1981) 28 SASR 3622 citations

Cases Citing

Case NameFull CitationFrequency
Crime and Misconduct Commission v Deputy Commissioner Barnett & Thomas [2013] QCAT 3653 citations
Flegg v Crime and Misconduct Commission [2013] QCA 3762 citations
Flegg v Crime and Misconduct Commission [2014] QCA 421 citation
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