AB v State of New South Wales: Wrongful Arrest

Key Words: Wrongful arrest – police misconduct – power of police officers to arrest without warrant, Law Enforcement (Powers and Responsibilities) Act 2002 s 99 – settlement

Facts:

In his early 20s AB formed a sexual relationship. When that relationship broke down, the ex-partner contacted police and made an unsubstantiated allegation that AB had sexually assaulted him. Relying on that sole allegation, the police officer in question arrested AB. At the time of the arrest, AB was living in a hostel and his arrest was very public. During the arrest AB was given no reason for his apprehension. AB was ultimately released without charge when the police considered the scant evidence against him.

Result:

O’Brien Solicitors argued that the anecdotal allegation of one individual is not sufficient grounds on which the police can form a reasonable suspicion necessary for arrest. We also argued that the arrest was humiliating and unnecessary. We made a further suggestion that our client was unfairly targeted because he was previously known to police – despite that involvement coming about because he had previously been a victim of crime. Once again, being previously known to police is no grounds for arrest. Police settled on AB’s claim of unlawful arrest.

Testimonial:

Thanks Deo and Peter!

Thankyou for settling my claim – I know it was hard work, but the results have paid off in a miraculous way. I recommend O’Brien Solicitors to everyone who has been unlawfully arrested or who has been the victim of unlawful police claims. Thankyou!