In this case where police invaded a home, the victim ended up suing the NSW Police.
Rahul* was at his home when four police officers climbed over his locked front gate and knocked on his door. The officers explained they had received a report concerning a male hitting objects in the street. However, Rahul denied any involvement and requested the Police leave his premises. In response, one of the attending officers attempted to wrench open his locked security door. When it didn’t open, police continued to question Rahul before threatening to break the door if he did not let them inside.
Rahul asked Police to leave his premises several times before they complied. As he escorted them outside to the locked gate, the officers pushed him. Rahul protested and the officers proceeded to tackle him to the ground, and punch and knee him in the stomach. They handcuffed Rahul, and transported him to a nearby police station, and charged him with:
- Four counts of assaulting an officer in the execution of their duties under s 58 of the Crimes Act 1900 (NSW),
- assaulting an officer with intent to resist/prevent apprehension under s 58 of the Crimes Act 1900 (NSW); and
- intimidating an officer with the intention to cause fear of physical or mental harm under s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
While detained at the police station, Rahul requested to use the bathroom. Police denied his request. This forced him to urinate on himself inside his cell.
Ultimately, police charges withdrew all the charges. Then, the court the dismissed them.
Suing the NSW Police
Consequently, O’Brien Solicitors pursued the State of NSW for false imprisonment, assault, battery, and trespass to land. O’Brien Solicitors sought compensation on the following grounds:
- The arresting officers did not have reasonable grounds to believe that Rahul committed an offence, contravening s 99(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW);
- Rahul suffered an assault when officers pushed, punched and kicked him at his premises; and
- The arresting officers used more force than reasonable necessary during Rahul arrest, in contravention of s 231 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
Client awarded compensation and legal costs
However, the matter settled before trial and Rahul received fair compensation.
*We change names to protect the identity of our clients.
If you want to sue the police for unlawful arrest, false imprisonment, police assault, battery or brutality, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We will set up a free appointment with the civil lawyers in our Sydney office.
