April 9, 2015

Unlawful Arrest & False Imprisonment Case Studies

False Imprisonment is a tort, which means that you will receive financial compensation if you are found to have been falsely imprisoned. O’Brien Solicitors is very experienced in handling cases where police unlawfully arrest people.

Here are a number of successful cases where O’Brien Solicitors have secured a favourable result.

BVM v State of South Australia

Key Words: Invasive police action – assault – battery – false imprisonment – malicious prosecution – successful settlement

RTR v State of New South Wales

Key Words: The right to record police – assault – battery – false imprisonment – malicious prosecution – unlawful arrest, Section 99 Law Enforcement (Powers and Responsibilities) Act 2002 – successful settlement

CYP v State of New South Wales

Key Words: Action for false imprisonment against Corrective Services – Plaintiff kept in custody beyond period of the warrant of incarceration – Corrective Services failed to release plaintiff in accordance with warrant

JS v State of New South Wales

Key Words: Assault – battery – false imprisonment – malicious prosecution – power to search vehicles and seize things without warrant, Law Enforcement (Powers and Responsibilities) Act 2002 Section 36 – power of police officers to arrest without warrant, Law Enforcement (Powers and Responsibilities) Act 2002 Section 99 – bread-and-butter police misconduct – settlement

GL v State of New South Wales

Key Words: Assault – battery – false imprisonment – Law Enforcement (Police Powers and Responsibilities) Act 2002 Section 99– Mardi Gras – sniffer dogs – settlement

Police v BH

Key Words: assault/resist an officer while in the execution of their duty, Crimes Act 1900 s 58 – Mardi Gras – gay activist – alleged police brutality – not guilty

SG v State of New South Wales

Key Words:  Police Misconduct – Unlawful Arrest – Power to Enter in Emergencies, Law Enforcement (Powers and Responsibilities) Act 2002 s 9 – Power to Arrest without Warrant, Law Enforcement (Powers and Responsibilities) Act 2002 s 99 – Compensation Awarded

AB v State of New South Wales

Key Words: Wrongful Arrest – Police Misconduct – Power to Arrest without Warrant – Law Enforcement (Powers and Responsibilities) Act 2002 s 99 – Settlement

HG v State of New South Wales

Key Words: False Imprisonment, Assault, Battery, Malicious Prosecution

NO v State of New South Wales

Key Words: Assault, Battery and Unlawful Imprisonment

FR v State of New South Wales

Key Words: Unlawful Arrest; False Imprisonment

JW v State of New South Wales

Key Words: Assault; Battery; Unlawful Arrest; False Imprisonment; Malicious Prosecution

KQ v State of New South Wales

Key Words: Unlawful Arrest, False Imprisonment and Assault

IF v State of New South Wales

Key Words: False Imprisonment; Unlawful Arrest; Assault, Battery; Malicious Prosecution

DS v State of New South Wales

Key Words: False Imprisonment; Assault; Battery

BA v State of New South Wales

Key Words: False Imprisonment; Assault; Battery