Our client was a teenager when he was arrested at the end of a police pursuit in Sydney’s west.
What happened during that arrest left him injured, and led to something that rarely happens in cases against the police. When someone alleges excessive force by police, the officer involved is rarely criminally charged and convicted. Well, that’s the opposite of what happened in this case.
Aboriginal teenage boy assaulted by NSW police
In the early hours, our client, then a teenage Aboriginal teenage boy, was located by police hiding in a residential property in a Greater Western Sydney suburb. He raised his hands and complied with police officer instructions.
Suddenly, he was then forcibly arrested by several officers. During the arrest, our client was tackled to the ground, restrained, and struck to the head. This assault left him bleeding from a laceration and with a swollen eye. Despite his injuries, police took him to the police station first, and then by ambulance under police guard to hospital.
After our client gave his statement about what happened, a Constable was charged with two offences: common assault, and assault occasioning actual bodily harm.
The claim
Our client’s civil claim against the state alleges false imprisonment, assault, and battery. It is based on the fact that the force used against him went beyond police powers.
What are your rights during a police strip search in NSW?
Police strip search powers in NSW are tightly limited. For example, an officer must reasonably suspect a search is necessary. They must also follow strict procedural safeguards.
Searches conducted outside those limits can themselves be unlawful, separate from any force used during an arrest.
Read our full guide to strip search laws in NSW.
NSW Constable charged with assaulting teenager
The Constable’s criminal trial proceeded separately. He was prosecuted by the State on the strength of our client’s own account of the arrest and convicted of common assault. However, the Constable appealed to the District Court on sentence and severity. His conviction was upheld.
That conviction gave our client’s civil claim a firm factual foundation. As to the criminal standard, it was shown that the officer used unlawful force against our client. Our civil solicitors used that outcome, together with our client’s own statement and the surrounding circumstances of the arrest to build a civil claim for compensation against the State.
As the officers involved were acting in the course of their duties, the State is liable for their actions. Our claim seeks general, aggravated, and exemplary damages, reflecting both the harm our client suffered and the seriousness of an officer’s own conduct being found criminal.
What is happening now?
Many complaints about excessive police force never result in criminal charges, let alone a conviction that survives an appeal.
This case is not over. Now, our client’s civil compensation claim against the State of New South Wales is under way, built on that foundation of the criminal charges.
Read more of our civil law case studies.
Need a lawyer for a police assault or false imprisonment claim?
If you have been injured during an arrest, or believe police used more force than the law allowed, you may have a civil claim for compensation, separate from any criminal proceedings against the officer involved.
Request a free, no-obligation initial chat via the form below, or call us on (02) 9261 4281.
We always change the names and other identifiable details to protect client privacy.
Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.
