June 3, 2019

JR v State of NSW (NSW Police)

Keywords: Assault; False Imprisonment; AVO; NSW Police; ERISP; Law Enforcement (Powers and Responsibilities) Act

Facts:

Police attended JR’s residence. After a brief discussion with police, JR was placed under arrest. The police informed JR that this was necessary to further ascertain JR’s version of events. At the station, JR was invited to participate in an ERISP (Electronic Recorded Interview of a Suspected Person), which went for approximately 40 minutes. Following the interview, the Police decided not to lay charges and JR returned home.

At the time of the arrest, the police did not have reasonable grounds to arrest JR. As a result, JR was arrested for the purpose of further investigation and not for a lawful purpose.

Outcome:

O’Brien Criminal and Civil Solicitors were able to successfully assist JR by bringing an action against the police for false imprisonment and assault. The matter was settled prior to trial and JR was compensated appropriately.

 

O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to get in touch with us today on (02) 9261 4281 or by email at