Broughton v The State of New South Wales [2009] NSWDC 5

New South Wales District Court

CITATION: Broughton v The State of New South Wales [2009] NSWDC 5

HEARING DATE(S): 27, 28 January, 6 March 2009

JUDGMENT DATE: 4 May 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict and judgment for the Defendant. 2. Plaintiff to pay the Defendant's costs.

CATCHWORDS: TORT– assault – claim for damages for alleged assault by a police officer in execution of crowd control duties at a football match – use of oleoresin capsicum spray – whether in self-defence – whether Plaintiff was hindering the arrest of her sister who had earlier assaulted the police officer – whether the use of spray was justified or whether it amounted to an assault in the circumstances.

Civil Liability Act 2002 LEGISLATION CITED: Crimes Act 1900 Sydney Olympic Park Authority Regulation 2001

McIntosh v Webster (1980) 43 FLR 112 Pringle & Ors v Everingham [2006] NSWCA 195 CASES CITED: Rixon v Star City Pty Ltd [2001] NSWCA 265; (2001) NSWLR 98 Walker & Anor v Hamm & Ors [2008] VSC 596 Woodley v Boyd [2001] NSWCA 35

PARTIES: Renee Crystal Broughton (Plaintiff) The State of New South Wales (Defendant)

FILE NUMBER(S): 4887 of 2007

COUNSEL: Mr T Boyd (Plaintiff) Mr G Butler (Defendant)

SOLICITORS: Herbert Weller (Plaintiff) IV Knight, Crown Solicitor (Defendant)

JUDGMENT

Nature of the case

1. The Plaintiff claims damages in respect of an alleged assault that occurred when she was sprayed with oleoresin capsicum spray ["OC spray"] by a police officer during a crowd melee on a playing field following a football match.