November 28, 2019

HMP v State of NSW – Successful claim for assault and battery

Facts: Woman accidentally injures husband while trying to defend herself

The Plaintiff, an elderly woman, was having an argument with her husband at their home. During the argument her husband lunged forward and grabber her by the throat. She reacted by deflecting his hand away from her throat and in the process the teacup she was holding made contact with her spouse across his head, causing it to bleed.

Shortly after, police were called, forced entry into the house, dragged her outside and pushed her onto the lawn next to where the police wagon was parked, before arresting her.

Police took her to a local police station where she was detained in custody for several hours before being released without charge.

Outcome: She sues for assault, battery and false imprisonment by the police

O’Brien Criminal and Civil Solicitors commenced civil proceedings against the State of NSW for assault, battery and false imprisonment by the police officers involved in the apprehension, arrest and imprisonment. The matter was resolved at mediation prior to trial with HMP receiving significant compensation.

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