The trifecta: offensive language, assaulting police and resisting arrest
BGB was walking at night in an inner City suburb of Sydney with friends. Police officers patrolling the area alleged that the defendant yelled abuse at one of them. Consequently, the police approached the defendant. A confrontation ensued.
As a result, police laid charges against the plaintiff of:
- using offensive language in a public place,
- assaulting a police officer in the execution of his duty
- and resisting an officer in the execution of his duty.
In the police and criminal defence industry, officers and lawyers call this the trifecta, which is the three related charges.
Not Guilty of all charges led to suing the police
BGB was found not guilty of all the charges except using offensive language. However, he received no conviction for that offence and no penalty was imposed at law.
Subsequently, BGB then launched an action against NSW police for unlawfully arresting him, assaulting him and for maliciously prosecuting him.
Finally, his claim reached a settlement on the first date of the trial. He received significant compensation and damages for his treatment.
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 intend to make a claim against an authority call us on (02) 9261 4281 for a free initial consultation.
