Client initially assaulted by partner then subject to unlawful conduct by police
Julia* was travelling in a car with her partner and friends. Some time during the trip, her partner grabbed, pushed and scratched Julia multiple times. She was then ejected from the car and called her son who called the police. The police attended to Julia and she was transported to hospital with various injuries. Later on, the police arrested her on suspicion that she assaulted her partner. She was arrested and taken to Wollongong Police Station and detained for 2 hours before being charged and released. The local court found her not guilty of all charges.
O’Brien Criminal and Civil Solicitors acted for Julia in a civil claim against the State of NSW for assault, battery, and false imprisonment. We claimed the police officers did not have reasonable grounds to suspect that Julia had committed or was committing an offence. These actions by police were unlawful pursuant to section 99(1)(b), 99(2), 99(1)(a) and 99(2) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
Outcome:
We were able to successfully settle her matter before going to court, with the client receiving monetary compensation and her legal costs covered.
*Names have been changed to protect the identity of our clients
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