Excessive Force: Cop charged after assault at Flinders Station

Cop charged after assault at Flinders Street Station

A police officer has been charged after sling tackling a man at Flinders St Station last year. The event seems to be an example of excessive force.

The 36-year-old officer is on suspension after footage of the incident emerged on Twitter.

The officer faces charges of recklessly causing injury, unlawful assault and common law assault following an internal investigation.

Anti-Lockdown Protests

The incident occurred during one of Melbourne‘s anti-lockdown protests. However, it is not clear whether the man who was tackled was himself a protestor. Flinders St Station is Melbourne’s busiest CBD railway station.

Footage shows a man talking to two police officers. Then the officer in question approached from behind and violently sling tackles the man to the ground.

“An acting sergeant from a specialist support unit has since been suspended as a result of early inquiries,” a Victoria Police statement said.

Excessive Force

The Crimes Act 1958 (Vic) dictates that Victoria Police can use force in certain situations. This is in addition to the allowances provided in common law for self-defence or to prevent a breach of the peace.

Section 462A of the Crimes Act 1958 (Vic) states that the use of force should only be appropriate when:

  • It is not disproportionate to the offence AND
  • There are reasonable grounds necessary to:
    • prevent continuation or completion of indictable offence; or
    •  effect or assist in affecting the lawful arrest of a person committing or suspected of committing any offence.

If the officer acted outside of the lawful powers, then the victim can sue the state for their actions. In this type of matter, you would likely sue for false imprisonment, assault and battery, depending on the circumstances.

If you encounter police using excessive force in executing their duties, contact us. We are specialist in getting compensation from Police for acting unlawfully.

Civil Solicitor | Website | + posts

Sarah is a civil solicitor who primarily practices in defamation, intentional torts against police, privacy and harassment.

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