JG was a passenger in a vehicle with his friends, which was stopped by police near the Royal National Park in the early hours of the morning. The Plaintiff was instructed to place his hands on his head, exit the vehicle and sit on the pavement. JG complied with every one of the officers’ instructions. The police searched him, and nothing was found in his possession. He was then informed that he was under arrest, and was summarily placed in the back of the police officers’ vehicle. When the police arrested the Plaintiff, they knew they did not have any evidence to commence proceedings against the Plaintiff.
No lawful suspicion for arrest
During the trip to the Police Station, the Plaintiff escaped from police custody and the following day he received a Court Attendance Notice in relation to escaping from Police custody.
At a local court hearing, the magistrate dismissed the charge of escape on the basis he was not in lawful custody.
Action against police
JG eventually brought an action against the police, claiming damages and compensation for assault, battery and false imprisonment. The matter was successfully settled without the Plaintiff having to return to court.
His case settled, providing him with correspondence and damages and covering all his legal fees.
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