CYP v NSW: False imprisonment claim against Corrective Services

False / unlawful imprisonment by Corrective Services after release date

CYP got a sentence from Local Court after being found guilty of a criminal offence. The sentence was a term of imprisonment. In accordance with the judgment of the Magistrate, a warrant of commitment specifying his release date went with him to Corrective Services.

However, Corrective Services failed to correctly note the Plaintiff’s release date. They kept him in custody for several days after he was due for release, despite his protestations.

Upon his release, CYP instructed O’Brien Solicitors to file a Statement of Claim alleging false imprisonment/unlawful imprisonment for the period of time in which he was held by Corrective Services beyond the period of the warrant of imprisonment.

Outcome of suing Corrective Services

Finally, after several months of protracted negotiations and Court hearings, Corrective Services agreed to settle the matter. As such, CYP got appropriate damages to compensate him for the period in time he ought to have been at liberty but was instead falsely imprisoned within the jail.


Action for false imprisonment against Corrective Services – Plaintiff kept in custody beyond period of the warrant of incarceration – Corrective Services failed to release plaintiff in accordance with warrant


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

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