Indigenous Woman Wins Claim Against NSW Police For Assault
Our client, Maria*, claimed against the NSW Police for damages resulting from a violent arrest.
It was Christmas time in Hornsby.* Our client and her family were spending the festive period together.
All of Maria’s children were under 18. Therefore, they were children in eyes of the law. In addition, one of her sons, Adam, suffered a serious developmental disability. Consequently, he was vulnerable in this situation.
On the morning of the incident, Maria and one of her children visited a local shopping centre. At the same time, two of her other children stayed at home. They played music on a stereo at a moderate volume.
After, Maria and the others arrived home. Later in the evening, she heard a knock on the door. It was the police.
NSW police noise complaint turns violent
The police informed the group that there had been a noise complaint. Additionally, the officer issued them a noise abatement order. Maria confirmed that she knew what the order meant.
Maria then attempted to close the door. However, an officer put his boot between the door to prevent its closure. The officer refused to move his foot. The officer stated that they could not see what was going on inside. Therefore, they said they needed to call for backup. However, Maria opened the door, showing that it was just her children inside. Yet, police still called for assistance and 20 other officers showed up.
As a result, Adam* became anxious. When Adam tried to go outside, officers grabbed him and his brother. Maria warned the officers about Adam’s disability. She also told them to leave him alone.
NSW aggressively arrest Indigenous family
The officers allegedly violently assaulted Maria, one of her sons and her partner. The officers then arrested these three. In addition, Maria’s partner visited a nearby hospital for very serious injuries. The injuries included having his teeth knocked out. Furthermore, they detained Maria and her son for hours. They charged Maria with resisting police and assaulting the police.
NSW police assault serious misconduct
Evidence included the officer’s Body-Worn-Video. Officers left the video recording in the police truck. It showed some of the officers making vulgar jokes about beating up the plaintiffs and running over the children.
In conclusion, our client claimed damages against the state for:
- Personal injury,
- Assault,
- Battery,
- False imprisonment,
- Trespass to land, and
- Malicious prosecution.
We found that the police’s conduct was high-handed and unwarranted. In addition, the officers did not have a lawful reason for the battering.
The court found in favour of our client and she was compensated fairly for the NSW police assault.
*Names, locations, and certain details have been changed to protect our client’s privacy.
Suing Police for unlawful arrest, assault, or false imprisonment
If you want to sue the police or corrective services for unlawful arrest, false imprisonment, malicious prosecution, police assault, battery or brutality, contact us.
Call O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with our civil lawyers.
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