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District Court 27 March 2026

Darling v State of New South Wales

[2026] NSWDC 67

Public order & justice offences
TORTS FALSE IMPRISONMENT WRONGFUL ARREST LAWFUL JUSTIFICATION DEFENCE TORTS ASSAULT BATTERY

Citation: Darling v State of New South Wales [2026] NSWDC 67
Court: District Court of New South Wales
Date: 27 March 2026
Judge(s): Habib SC DCJ

Background

The plaintiff brought proceedings against the State of New South Wales alleging false imprisonment, assault, and battery arising from two separate police encounters in 2018. The State accepted vicarious liability for the conduct of its officers but denied all claims.

The first incident occurred on 8 July 2018 at Moss Vale Police Station. Police arrested the plaintiff for alleged breach of bail conditions that, in fact, did not exist. The arresting officer had relied on an incorrect entry in the COPS (Computerised Operating Police System) database, which recorded bail conditions different from those actually imposed by the court. The plaintiff also alleged battery during that arrest and detention, including through handcuffing and a separate incident involving his shoelace.

The second incident occurred on 23 August 2018 at Gosford Police Station. The plaintiff was arrested after a police officer observed him apparently filming an officer's private vehicle as it entered the police station driveway. The arresting officer suspected the plaintiff of the offence of intimidating police. The plaintiff alleged the arrest was unlawful and that the arresting officer's firm grip on his arm during the escort into the station constituted battery.

  • Whether the arresting officer in the first incident held a belief, on reasonable grounds, that the plaintiff had breached a bail condition under s 77(1) of the Bail Act 2013 (NSW)
  • Whether that officer had regard to the matters required by s 77(3) of the Bail Act before exercising the discretionary power to arrest
  • Whether the first arrest constituted false imprisonment despite the officer's reliance on an incorrect police database entry
  • Whether handcuffing the plaintiff and the conduct during the "shoelace incident" constituted battery, or were justified by ss 230 or 231 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA)
  • Whether the arresting officer in the second incident had reasonable grounds to suspect the plaintiff had committed an offence under s 99(1) of LEPRA
  • Whether that officer held a contemporaneous intention to charge the plaintiff
  • Whether the use of force (gripping the plaintiff's arm) during the second arrest constituted battery
  • Whether compensatory, aggravated, or exemplary damages were warranted for either event

Decision

First Event (8 July 2018): The court found that the arresting officer, SC Bailey, did not hold a belief on reasonable grounds that the plaintiff had breached a bail condition. The COPS database entry was incorrect, and the plaintiff's actual bail conditions did not include the conditions recorded in the system. While reliance on a police database can in some circumstances support a reasonable belief, the court was not satisfied the statutory threshold was met here. The court also found that SC Bailey did not adequately consider the matters required by s 77(3) of the Bail Act before deciding to arrest. The first arrest was therefore an unlawful false imprisonment.

On the battery claims arising from the first event, the court found that not all uses of force were unlawful. The handcuffing during the initial arrest and conveyance was found to be lawfully justified under LEPRA. The court made specific findings of fact about the shoelace incident, including whether a police officer's knee made contact with the plaintiff's chest, and assessed whether the force used in that episode was reasonably necessary under s 230 of LEPRA.

Second Event (23 August 2018): The court found the second arrest was unlawful. SC Brown, the arresting officer, did not have reasonable grounds to suspect the plaintiff had committed an offence by filming a police vehicle in a public area. The court also found that SC Brown had not formed a contemporaneous intention to charge the plaintiff with an offence, a requirement for a lawful arrest under s 99(1) of LEPRA. Because the arrest was unlawful, the plaintiff's detention constituted false imprisonment.

The court found that SC Brown's act of firmly grabbing the plaintiff's arm to escort him into the police station constituted battery, given the arrest itself was unlawful and no independent lawful justification was established. On damages, the court awarded compensatory damages for both events and aggravated damages in respect of the second event, but declined to award exemplary damages, finding this was not an appropriate case for that exceptional remedy.

Orders Made

No orders were made in this decision.

Key Takeaways

  • An arresting officer's reliance on an incorrect COPS database entry does not automatically satisfy the requirement under s 77(1) of the Bail Act 2013 that a belief of bail breach be held on "reasonable grounds"; the statutory threshold remains objective.
  • Under s 77(1) of the Bail Act, an officer must also consider the specific matters listed in s 77(3) before exercising the discretion to arrest for breach of bail. Failure to do so will render the arrest unlawful.
  • A lawful arrest under s 99(1) of LEPRA requires both a suspicion on reasonable grounds that an offence has been committed and a contemporaneous intention to charge the arrested person. The absence of either element defeats the lawful justification defence.
  • Where an arrest is found to be unlawful, force applied in the course of that arrest (such as firmly gripping a person's arm) may constitute battery without any separate unlawful justification.
  • Aggravated damages may be awarded where the circumstances of an unlawful arrest and detention warranted additional recognition of the affront to the plaintiff's dignity, but exemplary damages remain an exceptional remedy not available in every case of police misconduct.

Legislation and Cases Referenced

Legislation:
- Bail Act 1978 (NSW), s 50(1)(a)
- Bail Act 2013 (NSW), ss 77(1), 77(3)
- Civil Liability Act 2002 (NSW), s 3B(1)(a)
- Civil Procedure Act 2005 (NSW), ss 56, 58, 66
- Crimes Act 1900 (NSW), s 60C
- Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 99(1), 99(3)–(4), 230, 231, Pt 9

Cases:
- AD v State of New South Wales [2022] NSWDC 546
- Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175
- Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223
- BK v State of New South Wales [2026] NSWCA 6
- Bugmy v Director of Public Prosecutions (NSW) (2024) 113 NSWLR 567
- Clifton v Lewis [2012] NSWCA 229
- Costa v Public Trustee of NSW (2008) 1 ASTLR 56
- Costello v State of New South Wales [2017] NSWDC 152
- Croucher v Cachia (2016) 95 NSWLR 117
- Darcy v State of New South Wales [2011] NSWCA 413
- George v Rockett (1990) 170 CLR 104
- Ghanem v State of New South Wales [2024] NSWDC 213
- Goldie v Commonwealth of Australia (No 2) (2004) 81 ALD 422
- Hall v Fonceca [1983] WAR 309
- Harris v State of New South Wales [2021] NSWCA 208
- Ho v Powell [2001] NSWCA 168