In January 2024 our client was in Woolworths when she spotted her ex-husband leaving the shopping center.

Our client then approached her ex-husband and touched his upper arm in order to gain his attention. A short argument about their divorce settlement then occurred, where our client’s ex-husband told our client that he did not want to speak to her.

Our client’s ex-husband then attended a NSW Police station and made a formal statement alleging that he was physically assaulted by our client. He also informed the Police Officers that the whole interaction was caught on CCTV.

Despite being told that the interaction was caught on CCTV, the Police did not obtain the footage. Instead, they attended our client’s home, arrested her in front of her children, conducted a strip search, handcuffed her and then transported her to the police station where they held her in custody for a number of hours.

Our client was eventually charged with an offence of common assault, contrary to section 61 of the Crimes Act 1900.

Our client immediately engaged our Sydney assault lawyer who began communicating with the Police. It became clear to our Sydney assault lawyer that despite being aware of the CCTV, the Police had not viewed or obtained the CCTV prior to arresting or charging our client.

Eventually, our Sydney assault lawyer was able to view the CCTV. The CCTV undermined the alleged victim’s claim that he was assaulted, and clearly displayed our client making gentle physical contact with his arm for the purpose of gaining his attention. Our client then pleaded not guilty to the charge.

Our Sydney assault lawyer then wrote formal representations to the Police, requesting the immediate withdrawal of the charge on the basis that the prosecution could not prove that our client committed a criminal offence. Leading up to the hearing, the prosecution agreed with our representations and formally withdrew the charge of common assault.

Shortly after the charge was formally withdrawn and dismissed in the Downing Centre Local Court, our client instructed Hanna Legal to commence civil proceedings against the State of New South Wales (NSW Police Force).

We then filed a statement of claim in the New South Wales District Court alleging that the NSW Police Officers who had arrested our client had assaulted, battered and falsely imprisoned her as at the time they arrested our client, they could not have been satisfied on reasonable grounds that our client had committed an offence, and thus they had not complied with the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

Our client claimed damages for the shock, hurt, pain, humiliation, distress and embarrassment that the arrest and detention caused her. Our client also sought compensatory and exemplary damages, because of the nature of damage and the misconduct of the NSW Police Officers.

The State of NSW initially denied the claim and filed a defence. However, prior to the hearing, our lawyers engaged in lengthy negotiations with the State of NSW to try and settle the case without the need for a trial.

During a Court ordered mediation, negotiations were successful. The State of NSW agreed to pay our client a significant monetary sum for the harm caused to her.