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Man sues Northern Territory police for assault, battery, false imprisonment (unlawful arrest), and malicious prosecution (HK & the Northern Territory Police)

Key Words: Assault – battery – false imprisonment (unlawful arrest) – malicious prosecution – successful settlement Facts: HK was a young Indigenous Australian man from an island north of Darwin. He travelled to Darwin to visit family. On his way home, he went to Woolworths in Cavanagh St to purchase some alcohol. As HK was …

Man sues Northern Territory police for assault, battery, false imprisonment (unlawful arrest), and malicious prosecution (HK & the Northern Territory Police) Read More »

Woman sues police for assault and false imprisonment (PN & NSW Police)

Key Words: Assault – false imprisonment – unlawful arrest – successful settlement Facts: PN was the head of a sports organisation. The other directors badly bullied and harassed her, leading to her resignation. After she resigned, they made false allegations to the police about her. The police invited PN to attend the station. When she …

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Man sues police for assault (including personal injury), battery, false imprisonment, and malicious prosecution (LK & NSW Police)

Key Words: Assault (including personal injury) – battery – false imprisonment – unlawful arrest – malicious prosecution – successful settlement Facts: LK was a member of the Australian Defence Force. During his free time, he and some friends went to a bar in Sydney. After failing to comply with police instructions to exit the bar, …

Man sues police for assault (including personal injury), battery, false imprisonment, and malicious prosecution (LK & NSW Police) Read More »

Man sues police for assault, battery, false imprisonment, and malicious prosecution (R v State of NSW)

Key words: Assault – battery – malicious prosecution – false imprisonment – unlawful arrest – successful court action Facts: JR went to a pub with his wife. Upon arrival, he asked a male bouncer where he could purchase food, but the bouncer did not appear to understand his question. Later that evening, the same bouncer …

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Man successfully sues NSW Police for assault, battery, false imprisonment and malicious prosecution (JF & NSW Police)

Key words: Assault – battery – false imprisonment (unlawful arrest) – malicious prosecution – successful court action Facts: JF, an Indigenous Australian man, was filming various events and scenery in the Wyong area. He was doing so to make a documentary to show his son, who was in the care of the Department of Community …

Man successfully sues NSW Police for assault, battery, false imprisonment and malicious prosecution (JF & NSW Police) Read More »

Woman sues police for assault, battery and false imprisonment (KLS v State of NSW (NSW Police))

Key words: Assault – battery – false imprisonment – successful court action Facts: KS’s son egged a vehicle belonging to someone KS knew. KS texted the car owner an apology and offered to help clean it. The person did not accept that apology, instead saying she planned to refer the matter to the police. KS …

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Man sues police for assault, battery, false imprisonment and malicious prosecution (BVM v The State of South Australia)

Key Words: Invasive police action – assault – battery – false imprisonment – malicious prosecution – successful settlement Facts: BVM was a former South Australian beer brewer. Years ago he had co-invented a famous alcoholic lemonade, but was fleeced by his business partner and left with nothing. At the time of the incident BVM was living in …

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Phone video recording police

Woman sues police for unlawful arrest while she videoed them (RTR v State of New South Wales)

Key Words: The right to record police – assault – battery – false imprisonment – malicious prosecution – unlawful arrest, Section 99 Law Enforcement (Powers and Responsibilities) Act 2002 – successful settlement Facts: RTR was a mother living in Bondi with her two sons. When police arrived at her home to arrest one of her sons (for …

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Man sues Corrective Services for unlawful imprisonment (CYP v State of New South Wales)

Key Words: Action for false imprisonment against Corrective Services – Plaintiff kept in custody beyond period of the warrant of incarceration – Corrective Services failed to release plaintiff in accordance with warrant Facts: CYP was sentenced by a Local Court to a term of imprisonment. In accordance with the judgment of the Magistrate, a warrant …

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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 …

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