February 14, 2018

Compensation for false arrest: KS v Police

O’Brien Criminal and Civil Solicitors are experts in assisting clients sue the police for false arrest, unlawful imprisonment and malicious prosecution. Read about one of our successful cases below.

Client served with AVO, arrested and charged with malicious damage

KS’s son egged a vehicle. KS knew the person whom the car belonged to, and texted the person an apology and an offer to help clean it. The person did not accept that apology, and instead complained to the police. The next day, the police gave KS an AVO.

KS went to the police station to complain. After waiting several hours, she was arrested by the police in front of her husband and young daughter. KS was then kept in custody for several hours without being told the reasons for her detention. When she was eventually released from custody, she was charged with malicious damage.

Police withdrew charges

In Court, the police withdrew the charge on the basis that KS was to pay for the costs of cleaning the vehicle. This meant that KS was put through unnecessary stress and humiliation by the police for the sake of a solution she had already personally offered to make. KS approached O’Brien Criminal and Civil Solicitors to help her explore any avenues of recourse against the police.

Client awarded compensation for conduct of police in falsely arresting KS

O’Brien Criminal and Civil Solicitors helped KS successfully sue the police for assault, false arrest and unlawful imprisonment. The matter proceeded to a hearing over 3 days. The presiding judge was scathing of the conduct of the police in arresting KS over a minor egging incident. Unsurprisingly, a judgment was entered in favour of KS.

This is just one of many successful outcomes where O’Brien Criminal and Civil Solicitors have represented clients in false arrest and unlawful imprisonment cases. If you have intend to make a claim against an authority call us on (02) 9261 4281 to book a free initial consultation.