This case study concerns the unlawful arrest of a young man outside a licensed venue in Sydney’s Eastern Suburbs. He had simply asked police to help his friend retrieve a phone left inside the venue. He was issued with a move-on direction, then forcibly arrested before he could comply. No charges were ever laid.
O’Brien Criminal & Civil Solicitors acted for the Plaintiff in a civil claim against NSW Police, which was a civil claim against the State of New South Wales for unlawful arrest, assault, battery and false imprisonment.
Background To The Unlawful Arrest At Sydney Venue
In late 2019, our client Liam attended a licensed venue in Sydney’s Eastern Suburbs with four friends. It was around 1:00 AM on a Saturday night.
About twenty minutes later, security asked one of his friends, Adam, to leave the venue. Security said Adam was intoxicated. Liam and the rest of the group left with him.
Shortly after stepping outside, Adam realised he had left his phone inside. He returned to the door with Liam and asked security to retrieve it. Security refused.
A small group of police officers were standing nearby. Adam approached them and asked for help getting his phone back. Instead of assisting, the officers directed Adam to leave the area and asked for his personal details.
Liam stood close by during this exchange. He repeatedly asked the officers to help retrieve his friend’s phone. He did not raise his voice or behave aggressively.
Police then issued Liam with a move-on direction. They said he was being disruptive while they dealt with Adam.
The situation quickly escalated. Adam was tackled to the ground and arrested. Liam stepped back a short distance and began recording the incident on his phone. Police then issued Liam with a second move-on direction. Before he had time to comply, an officer grabbed him, pushed him to the ground and handcuffed him.
During the arrest, Liam alleges that excessive force was used. His head was slammed against the ground. He suffered a black eye and lacerations to his face.
Around ten minutes later, the arrest was discontinued. The handcuffs were removed. Liam was issued with an infringement notice for failing to comply with a direction.
The Impact Of The Unlawful Arrest On Our Client
The physical injuries from the arrest were significant. The lacerations and black eye took weeks to heal.
The psychological impact was harder to measure. Our client had no criminal history. He had simply tried to help a friend.
Being thrown to the ground and handcuffed in public left him deeply shaken. He developed lasting anxiety around police and licensed venues.
Research consistently shows that excessive use of force by police can have long-term mental health consequences for victims. The NSW Law Enforcement Conduct Commission regularly investigates complaints of this kind, and its public reports highlight the serious harm that unlawful arrests can cause to ordinary members of the public.
For Liam, the experience changed the way he moved through his own city. Filming police, which is lawful in NSW, had ended in a violent arrest. That message stayed with him.
Read our other Civil Law Case Studies.
The Civil Claim Against NSW Police
O’Brien Criminal & Civil Solicitors commenced civil proceedings against the State of New South Wales on Liam’s behalf. The State is liable for the conduct of its police officers.
The claim was brought under several causes of action:
- Assault
- Battery
- False imprisonment
- Wrongful arrest
The arrest was challenged as unlawful under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Police powers of arrest are set out in section 99 of that Act. A move-on direction must also meet strict statutory requirements before any arrest for non-compliance can be lawful.
We argued that the move-on directions issued to our client were not validly given. He was not behaving in a way that warranted such a direction. He was asking officers for help.
We also argued that police did not give him a reasonable opportunity to comply with the second direction before arresting him. The arrest was therefore unlawful from the outset.
The force used during the arrest was clearly excessive. There was no resistance. There was no threat to officer safety.
Outcome Of The Civil Claim
The matter resolved in our client’s favour. The State of New South Wales agreed to a confidential settlement.
While no settlement can undo the trauma of a violent and unlawful arrest, the resolution gave our client formal recognition that the police conduct was not lawful. It also provided the financial means to access ongoing support.
Speak To Our Unlawful Arrest Lawyers In Sydney
If you or someone you know has been subjected to an unlawful arrest by NSW Police, you may be entitled to compensation. Cases like Liam’s show how quickly a routine interaction with police can turn into a violation of basic legal rights.
Our experienced civil litigation team has a strong track record in claims against the State of New South Wales for police misconduct, false imprisonment and excessive force.
Contact O’Brien Criminal & Civil Solicitors by filling in the form below for a confidential discussion about your case.
*We always change the names and other identifiable details in case studies to protect client privacy.
