While seeking counselling in her car, a transgender client was unlawfully arrested

Client unlawfully stopped and searched

Rebecca* had gone to support and care for an indigenous friend of hers who was homeless at the time and while doing so was assaulted on two separate occasions. Rebecca sought counselling to help her as a result of this. One morning, Rebecca decided to go for a drive to find somewhere quiet and away from everyone to contact her counsellor who was available 24 hours.

While searching for her jacket in the back of the car, Rebecca was approached by police. She was detained and then unlawfully searched.

We start a civil claim against the State of NSW

O’Brien Criminal and Civil Solicitors acted for Rebecca in a civil claim against the State of NSW for false imprisonment, assault, and battery.

We claimed that the police officers acted in contravention of section 21, 202, 99, 230 and 231 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This is due to the police not having any reasonable grounds to stop, detain or search Rebecca. The officers also failed to provide their names, place of duty and the reason for Rebecca’s search and detainment.

We successfully settled the matter before going to the court with our client receiving a favourable monetary outcome.

*Names have been changed to the protect the identity of our client