Keywords: Action against police, Police officer not acting in ‘execution of their duty’, unlawful arrest, false imprisonment, Assault; Battery by police officer.
PB, the Plaintiff, was in a heated argument with her cousin outside a night club in Kings Cross. The police approached PB and asked for her identification. While PB was looking through her bag, the police removed her bag and subsequently moved towards her (therefore, after the threat had been neutralised). While PB was restrained, it was alleged by the police officers that she yelled an offensive remark. PB was arrested and charged for using offensive language in a public place and assault of a police officer.
O’Brien Criminal and Civil Solicitors acted for PB in an action against the police for assault, battery and false imprisonment by the police. The matter was settled after being filed in the District Court of NSW and was formally resolved by the filing of a Notice of Discontinuance. The assault police charge was dismissed because the police officer was not in the execution of her duty when she purported to lawfully detain/arrest PB. Compensation was awarded to PB.
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