Facts: Police officer not acting in ‘execution of their duty’,
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.
Outcome: Sued police for unlawful arrest, false imprisonment, Assault and Battery
O’Brien Criminal and Civil Solicitors acted for PB in suing 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 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.
You can read about our other successful unlawful arrest cases here. Please don’t hesitate, get in touch with O’Brien Criminal and Civil Solicitors today on 02 9261 4281 or by email at