Protest Illegal Arrest: Our client, Sara*, was driving to a workshop. It ended in an arrest, a DNA swab, and serious criminal charges. This all happened because police wrongly suspected her of being involved in climate protests. O’Brien Criminal & Civil Solicitors fought back, securing justice and compensation for our client.
Protest Illegal Arrest: Brief Case Summary
Sara was a young woman from Queensland, driving when police stopped her vehicle based on information linking her to the Blockade Australia climate protests. A search uncovered a tool in her car. Although she explained it was for gardening, she was arrested, searched, and charged with carrying a weapon in public.
The charge was ultimately dismissed. O’Brien Criminal & Civil Solicitors successfully sued the State of NSW on her behalf for false imprisonment, assault and battery, trespass to goods, and malicious prosecution.
Detailed OverviewÂ
Despite having the option to issue a simple penalty notice for the alleged weapon offence, senior police directed that our client be arrested and taken to Bondi* Police Station. She was searched multiple times, including a strip-search involving pat-downs and removal of clothing items. Police also seized her belongings and subjected her to a DNA swab, even though the alleged offence was minor and not a “prescribed offence” requiring such procedures.
Police ultimately charged her with custody of a weapon in a public place under section 11C(1) of the Summary Offences Act 1988 (NSW). She was granted bail but placed under strict conditions, including being prohibited from re-entering NSW except to attend court.
In 2024*, the Local Court dismissed the charge, finding Sara had a reasonable excuse to possess it.
Suing state for wrongful charges
O’Brien Criminal & Civil Solicitors subsequently filed civil proceedings against the State of NSW in the District Court. The lawsuit alleged:
- False imprisonment: Sara was detained for over seven hours without lawful grounds;
- Assault and battery: Unlawful physical contact during searches and DNA testing;
- Trespass to goods: Unlawful search and seizure of Sara’s property;
- Malicious prosecution: Initiation and pursuit of criminal charges without reasonable cause, influenced by Sara’s association with protest activity.
Sara’s statement of claim highlighted how officers’ actions were driven by bias and a disproportionate response to her alleged protest links. Police admitted they wanted to delay her journey to the protest and placed her under strict bail conditions despite minimal evidence of wrongdoing.
Outcome
Sara’s criminal charge was dismissed in court. Her civil claim was settled in her favour, acknowledging the wrongful nature of her arrest, detention, and prosecution. She received compensation for the harm suffered, including the distress, humiliation, and inconvenience caused by her ordeal.
Need Help With an Illegal Arrest?Â
If you’ve been wrongly arrested, charged, or subjected to police searches, you may have a claim for false imprisonment or malicious prosecution. O’Brien Criminal & Civil Solicitors are experts in defending civil liberties and securing compensation for unlawful police conduct.
Contact us today for a confidential consultation and take the first step towards resolution.
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We can also set up a free appointment with the civil lawyers in our Sydney office.
*Details have been changed to protect our client’s privacy.Â
