Malicious Prosecution: Our client, a Sydney man who was falsely accused of domestic violence offences, successfully settled a claim against NSW state. This claim was for false imprisonment and malicious prosecution against the state. His wrongful arrest, prosecution, and emotional distress highlight the serious consequences of police misconduct.
Case Summary on Malicious ProsecutionÂ
In 2020, our client and his partner went out for drinks in Sydney’s CBD. That evening, his partner falsely reported to police that our client had assaulted her. Despite later retracting her allegations, the police proceeded with charges against him.
After months of legal battles, all charges were dismissed in late 2020. Our client then launched civil proceedings against the State of NSW, claiming damages for false imprisonment and malicious prosecution.
Detailed Case Overview
Our client was in a long-term relationship with his partner. They attended multiple venues and a restaurant in Sydney. Later that evening, she called the police, falsely alleging that he had assaulted her.
When officers arrived, our client was taken to the hospital under the Mental Health Act. At no point did his partner provide a formal Domestic Violence Evidence in Chief (DVEC) statement. The following day, police applied for a provisional Apprehended Domestic Violence Order (ADVO) against him.
However, later that day our partner admitted to officers that her allegations were false. She stated that while incidents had occurred in the past, he had not assaulted her that evening. The next day, she provided a formal statement recanting her claims.
Despite this, police proceeded with charges, including seven counts of common assault. Our client was arrested, detained, and granted bail under strict conditions. His partner even made a Statutory Declaration confirming that Michael had never assaulted her and that she had been aggressive toward him in the past.
Then, the Director of Public Prosecutions (DPP) took over the case. All charges were dismissed by the court.
Legal Action & Settlement: Malicious ProsecutionÂ
After being wrongfully arrested, charged, and prosecuted, our client filed a civil lawsuit against the State of New South Wales, claiming:
- False imprisonment.
- Malicious prosecution.
- Aggravated and exemplary damages.
- Legal costs and financial losses.
Our civil lawyers presented strong evidence, including CCTV footage and police records, proving that the prosecution had proceeded despite the clear lack of reasonable and probable cause.
Justice Served: A Victory Against Wrongful Prosecution
This case underscores the dangers of false allegations and police misconduct in domestic violence matters. While the justice system eventually cleared him, he endured unlawful detention, emotional distress, and financial hardship.
His successful civil claim against the State is a crucial step in holding authorities accountable.
Lawyer for Malicious Prosecution
If you have faced false allegations, wrongful imprisonment, or malicious prosecution, you may be entitled to compensation.
📞 Enquire online or call O’Brien Criminal & Civil Solicitors on (02) 9261 4281. In some cases, we can set up a free appointment with our civil lawyers in our Sydney office.
Read our other successful Case Studies.Â
*We changed details to protect our client’s privacy.
