Dale v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dale v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 134 Hearing dates: 26 June 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The decision under review is set aside. In substitution, order that the Commissioner issue a Category A firearms licence to Mr Dale for the genuine purpose of target shooting. Catchwords: Firearms licence – theft of firearm from unapproved mobile shooting gallery - unsupervised staff– charges dismissed -public interest Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Bazouni and Ors v Commissioner of Police [2002] NSWADT 100 Bevan v Commissioner of Police [2004] NSW ADT 1 Bottomley v Commissioner of Police [2005] NSWADT 211 Brosowski v Commissioner of Police [2003] NSWADT 182 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cook v Commissioner of Police, New South Wales Police Service [2003] NSWADT 30 CXJ v Commissioner of Police, NSW Police [2017] NSWCATAD 39 Jameson v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 25 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31. Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Whalan v Commissioner of Police, NSW Police Force [2018] NSWCATAD 87 Texts Cited: Nil Category: Principal judgment Parties: Justin Dale (Applicant) NSW Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2019/00037243 Publication restriction: Nil