Month: March 2016

Immigration Detainees sue for criminal detention (SU v Commonwealth of Australia, BS v Commonwealth of Australia)

Peter O’Brien, Principal Solicitor, O’Brien Criminal & Civil Solicitors, was the solicitor in the matter. Key Words: New law – residual liberty – criminal detention – immigration detention – Migration Act 1958 (Cth) Sections 189, 196, 233C – Crimes Act 1914 (Cth) Section 3W – asylum seekers – aggravated people smuggling – police misconduct: unlawful arrest …

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Man sues police for False Imprisonment and Malicious Prosecution (JS v State of New South Wales)

Key Words: Assault – battery – false imprisonment – malicious prosecution – power to search vehicles and seize things without warrant, Law Enforcement (Powers and Responsibilities) Act 2002 Section 36 – power of police officers to arrest without warrant, Law Enforcement (Powers and Responsibilities) Act 2002 Section 99 – bread-and-butter police misconduct – settlement Facts …

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