July 29, 2019

WL v State of NSW – Client receives large settlement for police assault and false imprisonment

Facts: Assault and false imprisonment by NSW police

WL was in her vehicle exiting her driveway in Griffith when an unmarked vehicle blocked her path. An unidentified uniformed police officer quickly exited the unmarked vehicle and holding his firearm with both hands, ran towards the WL’s vehicle. The officer pointed his firearm at WL and yelled to get out of the car.

WL’s children were on the front yard at the time witnessing the scene. Two constables shouted to the armed police officer from the unmarked vehicle to lower his weapon. Despite this, the police officer kept his firearm pointed. Once WL exited the car, the police officer re-holstered his firearm and said the vehicle on their property was reported stolen. However, WL’s vehicle was not the reported vehicle. Instead, another vehicle on the property, which belonged to WL’s sister-in-law (who had visited at the time) was the stolen car.

WL claimed damages, including aggravated and exemplary damages for false imprisonment and assault, interest, and costs. WL experienced extreme distress and humiliation from the unlawful apprehension and detainment from police.

Outcome: State of NSW pays a large settlement sum

O’Brien Criminal and Civil Solicitors successfully acted for WL, who settled the case against the State of New South Wales. WL received a large settlement sum and consented to the proceedings being discontinued by way of a Notice of Discontinuance.