A man who suffered wrongful imprisonment for nearly a year due to a court’s sentencing mistake has secured compensation in a civil claim handled by our firm. Our lawyers at O’Brien Criminal & Civil Solicitors highlighted the devastating personal impacts of legal errors in the case against the NSW Police and State.
This case also points out the limits of suing prison authorities, even when jail time turns out to be unlawful.
Wrongful Imprisonment
Our client, whom we’ll call David*, was imprisoned and held on parole for almost a year longer than he should have been, after the Local Court imposed consecutive sentences. We found out that these sentences exceeded the legal maximum under NSW law.
Once the error was uncovered, David pursued civil action for false imprisonment, assault and battery against both state-run correctional services and the private operator of one facility.
In the end, the case settled before trial, allowing David to receive compensation despite a recent High Court authorities making claims against jailers far more difficult.
Detailed Case Overview: Wrongful imprisonment
David’s ordeal began when a Local Court magistrate sentenced him to multiple consecutive prison terms that exceeded the limits allowed under the Crimes (Sentencing Procedure) Act 1999 (NSW).
This error went unnoticed for months, during which David remained in custody and later on restrictive parole. Ultimately, our criminal defence lawyers identified the sentencing issue. In turn, this resulted in the District Court of NSW quashing the unlawful sentences and ordering David’s immediate release.
The devastating impact of wrongful imprisonment
David was transferred repeatedly between several correctional centres, both government-run and privately operated, during his unlawful imprisonment. He suffered significant distress, mental anguish, and loss of dignity. He alleged that the actions of correctional officers in restraining him during this period constituted both false imprisonment and assault and battery.
David claimed aggravated and exemplary damages, asserting that prison staff “directly and fundamentally breached” his civil rights. His allegations included:
- Being restrained and deprived of liberty for periods totalling almost a year under void sentences;
- Fear of imminent physical force and threats of being forcibly returned to prison while on parole;
- Suffering humiliation, distress, and ongoing apprehension about unlawful detention.
Complications in case
However, during David’s civil proceedings, the High Court of Australia handed down a significant ruling in Vasta v Commissioner of Corrective Services (2025). The High Court decided that jailers are not liable for false imprisonment if they act under court orders that appear valid “on their face.” (Even if those orders later turn out to be legally invalid.) This greatly complicated David’s chances of winning his case outright at trial.
Despite the legal hurdles introduced by the High Court’s decision, David was pleased to achieve compensation. This outcome that had seemed unlikely earlier in his case.
Outcome of the case
David’s claim settled for a confidential sum, avoiding the risks and stress of further litigation. Although the High Court’s ruling made false imprisonment claims against jailers significantly more challenging, our lawyers were successful. We negotiated an outcome that delivered recognition and compensation for the time David spent unlawfully imprisoned.
Need a lawyer to sue the state?
Have you or someone you know experienced unlawful imprisonment or mistreatment while in custody? Get experienced legal advice as soon as possible.
In some cases we can also set up a free appointment with the civil lawyers in our Sydney office.
Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change names and other details in our case studies to protect client confidentiality.
