Elderly Woman Mistaken To Be A Threat To Society
Unlawful arrest of elderly woman in Auburn
Police approached the house of an elderly woman, Jacinta*, on allegations of her aggressive behaviour. On arrival, Jacinta’s husband informed police of Jacinta’s mental impairment and expressed a need for her to seek medical attention.
Notwithstanding this information police arrested Jacinta on charges under s 61 of the Crimes Act 1900 and s 13 (1) of the Crimes (Domestic and Personal Violence) Act 2007 They then took her to Auburn police station.
In custody at Auburn Police Station
While in custody, police failed to address Jacinta’s mental impairment appropriately. They failed to read or explain the written caution or provide her with a copy despite her mental impairment.
Police struggled to provide Jacinta with a fair and reasonable arrest. They interviewed her alone, despite her health issues and presenting as a non-English speaker. During the conversation with Jacinta’s husband, he expressed no concern for his safety upon her ultimate release. Police proceeded to charge Jacinta, serving an AVO to her and released her on bail.
However, it was not until two months later that Police withdrew Jacinta’s charges.
We sue the NSW Police
Jacinta suffered significant psychological repercussions as a result. Jacinta, a vulnerable elderly woman, experienced frequent nightmares, loss of sleep and panic attacks in relation to these matters.
O’Brien Criminal and Civil Solicitors got instructions from Jacinta to commence civil proceedings against the police. We alleged
- malicious prosecution,
- and collateral abuse of process.
Monetary Compensation after suing Police for unlawful arrest
Jacinta succeeded in her civil proceedings receiving generous monetary compensation. This came by way of a notice of discontinuance and a deed.