Owlstara v NSW

[2020] NSWCA 217

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Intentional torts
3. › Assault and battery
4. › False imprisonment
5. › Justification for arrest
6. › Driving offences
7. › Need to identify suspect
8. › Whether arrest necessary to prevent fabrication of evidence or repetition of offences
9. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(3)(b), (e)
1. Police
2. › Use of force
3. › Arrest
4. › Pointing firearm at offender
5. › Handcuffing offender
6. › Whether force used reasonably necessary
7. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 230, 231
1. Damages
2. › Assessment
3. › Intentional torts
4. › Compensatory damages
5. › Aggravated damages
6. › Psychological injury
7. › Causal connection with arrest
8. › Vindication of right to liberty and bodily integrity
9. › Civil Liability Act 2002 (NSW) not applied
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Delay in delivering judgment
5. › Whether finding glaringly improbable
6. › Fox v Percy (2003) 214 CLR 118

Quick Take

Practitioners advising police or claimants in false imprisonment cases should note that the availability of coercive powers short of arrest (such as requiring production of a driver's licence) may negate reasonable grounds for suspecting arrest is necessary under LEPRA s 99(3), even where the suspect has been uncooperative.