May 26, 2016

CYP v NSW: False imprisonment claim against Corrective Services

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

Facts of false imprisonment unlawful imprisonment

CYP was sentenced by a Local Court to a term of imprisonment. In accordance with the judgment of the Magistrate, a warrant of commitment specifying his date of release was sent with him to Corrective Services. Corrective Services failed to correctly note the Plaintiff’s date of release and kept him in custody for several days after he was due to be released, despite his protestations.

Upon his release, CYP instructed O’Brien Solicitors to file a Statement of Claim alleging false imprisonment/unlawful imprisonment for the period of time in which he was held by Corrective Services beyond the period of the warrant of imprisonment.

Outcome of suing Corrective Services

After several months of protracted negotiations and Court hearings, the matter was settled such that CYP was paid appropriate damages to compensate him for the period in time he ought to have been liberty but was instead falsely imprisoned within the jail.

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961