Assaulted and unlawfully arrested at the train station

Cody and James were travelling on Sydney Trains with some family members. When they arrived at the station, James started talking to a person he recognised. Cody has already gone through the ticket gates. A Police officer approached James and pulled him from the crowd. The officer then pushed James back, pinning him against the window of the station office, in front of many other officers.

Cody turned around to see what the commotion was and jumped the ticket barrier towards James. A plain clothes officer tapped on Cody’s shoulder, pulled him around and pushed him backwards and away. Other officers piled on and took him to the ground, with his face pushed into the concrete floor, and the officer applying handcuffs. They then dragged him into a standing position and pushed up against a pillar. He was then told he was under arrest for assaulting police.

After police pinned James against the office window, officers questioned him for one minute. The officer that first grabbed James left and James moved away. Two officers then pushed James against the glass and threw him to the ground and handcuffed him. The police searched James and then issued him with a move on order and allowed him to leave.

The boys’ uncle arrives and police assault him

Police made Cody sit and wait while they called a paddy wagon. His uncle came over and asked why he was under arrest. Police then pushed the uncle onto the ground, causing his forehead to bleed, and then arrested him.

James came over and saw his uncle on the ground bleeding and asked “What the fuck is going on?”. He was then arrested by another officer for offensive language.

James, Cody and their uncle were then escorted by foot half a kilometre to the nearest police station where they and their belongings were searched and they were charged.

Police refuse bail for Cody after Sydney Trains incident

Police refused Cody bail and made him stay overnight in a correction centre nearby. Cody was allowed bail by a magistrate the following day, but had to stay in jail for three more days while they did paperwork. Cody had to appear in court a few months later to defend seven charges. Two of the charges were dismissed because the prosecution said they had no evidence. For all but one of the remaining charges, the Magistrate found him not guilty. The remaining charge, relating to jumping the barrier was founded but he was given a good behaviour bond.

James had to go to court where all charges were withdrawn on the first mention.

They sue police for unlawful arrest, false imprisonment and assault

We represented James and Cody in their unlawful arrest, false imprisonment, assault and battery claims against NSW Police.

We were able to settle the claim before going to court and both James and Cody received large sums as compensation.

O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to contact us today on 02 9261 4281 or by email at

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