Jamal v State of New South Wales [2020] NSWDC 377

District Court New South Wales

Medium Neutral Citation: Jamal v State of New South Wales [2020] NSWDC 377 Hearing dates: 6, 7, 8 and 9 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: (1) Judgment for the Plaintiff in the sum of $7863.00 (2) I will hear from the parties as to costs. Catchwords: TORTS – False Imprisonment – Plaintiff arrested by police for inclosed lands offence – In custody for longer than 6 hours – Whether arresting officer suspected on reasonable grounds under s 99(1)(a) – Whether arresting officer believed arrest reasonably necessary under s 99(1)(b) – Whether the arrest complied with s 99(3) DAMAGES – Compensatory Damages – Aggravated Damages – Exemplary Damages Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 89 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 99, 117 Cases Cited: Lule v State of New South Wales [2018] NSWCA 125 Nu v NSW Secretary of Family and Community Services [2017] NSWCA 221 Robinson v State of New South Wales [2019] HCA 46; (2019) 94 ALJR 10 State of New South Wales v Delly [2007] NSWCA 303 State of New South Wales v Le [2017] NSWCA 290 State of New South Wales v Riley [2003] NSWCA 208; 57 NSWLR 496 State of New South Wales v Zreika [2012] NSWCA 37 Category: Principal judgment Parties: Jon Jamal (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Ms L. Goodchild (Plaintiff) Ms E. Bathurst (Defendant)