VDP v State of NSW – Successful claim for false imprisonment and assault

Facts: Woman alleges sexual assault by man she met on dating website

The Plaintiff, VDP, was in an intimate relationship with a woman he met on a dating website. They had spent numerous nights together and were communicating often. However, one morning the woman made a complaint to the police alleging sexual assault by VDP after a night they had spent together.

Upon returning home, the Plaintiff noticed that his door lock was broken. The police had searched his premises. The police issued an AVO against VDP. The investigating police officers determined that they did not have sufficient evidence to charge the Plaintiff with any offence.

Nearly six months after the execution of the search warrant, the Plaintiff voluntarily attended the Police Station. Upon their instructions, police interviewed the Plaintiff and VDP answered all their questions. Following this, the officer arrested him for the purpose of conducting further investigations.

He was placed in a holding cell for approximately one and a half hours, while investigating officers discussed the matter further. The police determined that there was insufficient evidence to charge the Plaintiff with any offence, and the Plaintiff was released from custody without charge.

Outcome: Sues Police for False Imprisonment and Assault

O’Brien Criminal and Civil Solicitors commenced civil action against the State of NSW for False Imprisonment and Assault by police. The basis of the law suit was the unnecessary and unlawful arrest and detention of the Plaintiff. The matter was settled and the Plaintiff received significant compensation.

If you want to sue the police or corrective services for unlawful arrest, false imprisonment, malicious prosecution or police assault, battery or brutality, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the civil lawyers in our Sydney office.