After being unlawfully assaulted on New Year’s Eve, a minor was unreasonably detained at a local station.

NYE celebrations gone wrong

When Connor* was 16, whilst celebrating New Year’s Eve, he got a move on warning when trying to catch an uber home.

Connor then walked past one of the officers, and they said to him ‘go back, go home’. Connor responded ‘what?’. The officer then struck Connor on the right shoulder, causing him to fall heavily to the ground. Connor stood up and said, ‘don’t touch me’.

The officer then grabbed Connor and pushed him against the bonnet of the police vehicle. He struck him in the jaw with a closed fist. An additional two officers then took him to the ground. They kneed him whilst he was still on the pavement. They then handcuffed him, whilst he complained that his head was in pain and that he was bleeding from the mouth.

He was in handcuffs for twenty-five minutes. After this, police conveyed himto the local police station and held him there for an additional three hours.

We claimed False imprisonment on the basis that in determining to arrest and imprisonment, they did properly consider the factors set forth in section 99(1)(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Accordingly, they knew the arrest of the Plaintiff was not reasonably necessary. We also claimed Assault and Battery on the basis that contrary to sections 230 and 231 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

Client receives monetary compensation

We negotiated with the representative of the State of NSW, where Connor got a favourable sum of compensation, as well as having the cost of his legal matter paid for.

*Names have been changed to maintain confidentiality

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

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