SE V State of NSW – Client receives compensation from police

Facts: intimidate police officer in execution of their duty

SE was a juvenile who resided in NSW. Police approached SE and a discussion took place regarding allegations made by SE in regards to a Police officer.

SE resolved the allegations with the Police and no further action was taken.

Three months later, Police arrested SE for allegedly making the same allegation. SE attempted to explain that he had not made the statement, and he did not understand why he was being arrested.

Whilst in police custody, police did not provide the Plaintiff with a support person, despite being a Juvenile.

After spending two months in custody, and one-month in home detention, the charge (intimidate police officer in execution of their duty, s 60(1) Crimes Act 1900) against the Plaintiff was withdrawn and dismissed.

The Plaintiff was distressed and humiliated from the unlawful arrest and falsely imprisonment for a lengthy period. Further, police  initiated and maintained the prosecution despite a clear lack of evidence to support the charge.

Outcome: False imprisonment, assault, battery and malicious prosecution

O’Brien Criminal and Civil Solicitors successfully assisted SE by bringing an action against the State of NSW for:

We argued that SE was not afforded his statutory rights as a vulnerable person in custody. The matter settled prior to trial and SE got compensation appropriately.

O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to get in contact with us today on 02 9261 4281 or by email at

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