Client falsely imprisoned for allegedly breaking bail conditions

Police not following LEPRA

In August 2015, Mary* drove her partner, Daniel* to his mother’s residence in Eastwood in Sydney’s Northwest. The purpose was to collect paperwork related to his bail. His bail conditions prevented him from attending that address.

Aiding and abetting a crime

The Police attended and arrested Daniel for allegedly breaching his bail conditions. NSW Police also arrested Mary for allegedly aiding and abetting a crime. Once the police ran some background checks on her, they released her without charge. 

We claimed false imprisonment on the basis that both s 99(1)(a) and (b) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Further, we claimed that the police did not have the intention to bring her before an authorised officer to be dealt with according to law. This is contrary to s 99(3) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Client awarded compensation and legal costs covered

O’Brien Criminal and Civil Solicitors then sued the State of NSW for unlawful false imprisonment, assault, and battery by police.

O’Brien Criminal and Civil Solicitors negotiated with the representative of the State of NSW. Consequently Mary got a reasonable sum of compensation, as well as the State paying the cost of her legal matter. 

*Names have been changed for client confidentiality 

O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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