Police arrest the wrong sibling, generous monetary compensation awarded

Man’s drug troubled brother robs service station

Suing NSW PoliceJake’s younger brother, Larry had previous issues with drug use. He appeared in the drug court over several months. While still under conditions imposed by the drug court, Larry committed armed robbery at a local petrol station. This led to a mistaken identity situati0n.

Police commenced the search to locate Larry and companions who robbed the petrol station. While doing so, police spotted a figure in a premises known by police for drug use and stolen property. Police decided to search the property with the belief that Larry was on the premises. Police got information from the occupant of the home when entering that it was the brother of the accused, Jake.

Man crawls under house to evade police’s mistaken identity error

Police proceeded to search the area and saw the figure, Jake, enter under the house in a manhole. Jake had worries, being an Aboriginal man, that the police would “flog” him.

A police dog came to the premises. The dog entered under the house where Jake was and bit Jake’s leg numerous times before gripping onto his leg. A police officer who also crawled under the house struck Jake with a closed fist three times above the eye before placing him in handcuffs.

However, while police attempted to arrest Jake, they noticed the dog bite on his leg which was in a serious state. Police then transported Jake to the Blacktown Hospital for treatment.

Generous Monetary Compensation Awarded for mistaken identity

Police charged Jake with:

  • use of offensive weapon (s 33 (B) (a) Crimes Act 1900 (NSW),
  • resisting an officer while in the execution of his/her duty (s 58 Crimes Act 1900 (NSW),
  • Cruelty upon an animal (s 5(1) Prevention of Cruelty to Animals Act 1979 (NSW)
  • and assaulting a police officer in execution of duty (s 60(1) Crimes Act 1900 (NSW).

Police had no authorization to arrest Jake and police did not have any reasonable grounds to believe that the person on the warrant, Larry, was on the premises. Police failed to satisfy reasonable grounds to believe that there was a danger which required the presce of a police dog and they failed to inform Jake that they were after Larry, his brother.

Jake instructed O’Brien Civil and Criminal Solicitors to commence civil proceedings. In conclusion, he received generous monetary compensation.

*We change names for the protection of our clients’ confidentiality

If you need to sue police for mistaken identity, contact our lawyers today.


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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