The appellant, a police officer, appealed a penalty of dismissal imposed after he pled guilty to two counts of discreditable conduct arising from an off-duty assault on a contractor he believed had stolen his rings.
The Ontario Civilian Police Commission reviewed the penalty and found that the hearing officer failed to give sufficient weight to significant mitigating factors, including the appellant's unblemished ten-year service record, his acceptance of responsibility, his pursuit of counselling, and the victim's forgiveness.
The Commission varied the penalty from dismissal to a one-year demotion to fourth class constable.
