In 2024, our client was driven to St Vincent’s Hospital by his mother and father, as they were concerned for his wellbeing after he had consumed illicit substances.

At Hospital, our client refused to exit his parents vehicle. A NSW Police Officer who was on duty at the time approached the vehicle and physically removed our client from the vehicle against his will. The Police Officer did not advise our client that he was under arrest, as he was required to do, pursuant to the Law Enforcement (Powers and Responsibilities Act) 2002 (NSW), or that he was being detained pursuant to the Mental Health Act 2007 (NSW).

As he was being removed, a scuffle occurred and the Police Officer placed his forearm around our client’s neck, pulled our client’s arm against his back and forced his head against the concrete. Our client was then handcuffed, taken inside the hospital and handcuffed to a chair. In the course of being detained, our client spat at the Police Officer. Whilst seated on the chair, a sedative was administered to our client by a nurse.

After our client was released from the hospital, he was charged with the offence of
assault Police Officer while in the execution of duty, contrary to section 58 of the Crimes Act 1900 (NSW). Our client pleaded not guilty to the charge, and the matter was set down for a defended hearing in the Local Court of NSW.

When the matter came before the Downing Centre Local Court for hearing, the Officer in Charge gave evidence. During the cross examination of the Officer, it became clear to the Magistrate and the Prosecutor that the Officer’s conduct was not lawful. Soon after, the prosecution withdrew the charge against our client.

Shortly after, our client instructed Hanna Legal to commence civil proceedings against the State of New South Wales (NSW Police Force). We filed a statement of claim in the New South Wales District Court alleging, amongst other things, that the NSW Police Officer had assaulted, battered and falsely imprisoned our client. Our client claimed damages for the shock, hurt, pain, humiliation, distress and embarrassment that the officers actions caused him. Our client also sought aggravated and exemplary damages, because of the nature of damage and the serious misconduct of the NSW Police Officer.

The State of NSW initially denied the claim and filed a defence to our statement of claim. 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.

The negotiations were successful and the State of NSW agreed to pay our client a
significant monetary sum for the harm caused to him.