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, the Plaintiff was not provided 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the charge (intimidate police officer in execution of their duty, s 60(1) Crimes Act 1900) against the Plaintiff was withdrawn and dismissed.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 by being unlawfully arrested and falsely imprisoned for a lengthy period. Further, the prosecution was initiated and maintained 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:
- malicious prosecution,
- false imprisonment,
- and assault.
We argued that SE was not afforded his statutory rights as a vulnerable person in custody. The matter settled prior to trial and SE was compensated appropriately.