Criminal Defence & Civil Action: At O'Brien Criminal and Civil Solicitors, we pride ourselves on offering a full-service legal approach, from robust criminal defence to holding authorities accountable through civil action. This client's case is a perfect example of how we secure justice for our clients on both fronts.
Read the full Case Study here.
Criminal Defence & Civil Action
Our client, Dee*, came to us after being charged with "behaving in an offensive manner" under the Summary Offences Act 1988 (NSW). The charge stemmed from a brief interaction on a night out. Police claimed that Dee pushed a female friend on the shoulder in a manner they deemed "offensive."
However, the alleged victim provided a signed statement to the defence confirming she didn't feel threatened, didn't consider it assault, and described the incident as "mucking around."
Our criminal defence team, led by solicitor Elliot Rowe, swiftly got to work. Before the scheduled hearing, we lodged detailed submissions arguing the charge could not be proven beyond reasonable doubt. We pointed out that:
- The conduct did not meet the legal threshold for "offensive" behaviour.
- There was no complaint from the alleged victim.
- Police did not witness any behaviour that would justify an arrest or charge.
The prosecution reviewed our material and, recognising the weakness in their case, withdrew the charge entirely. Dee didn't even need to attend court.
Read our other successful Criminal Case Studies.
Then Came the Civil Claim
With the criminal matter resolved in Dee's favour, we turned to the next step: holding the police accountable. Our civil team, led by Anavi Arya and Stewart O'Connell, advised Dee. They stated that Dee had strong grounds for a claim of false imprisonment and assault/battery arising from his wrongful arrest.
We launched a civil suit against NSW Police, which was resolved with a favourable settlement for Dee. This outcome was not only a win in compensation but also a firm recognition of the overreach and poor conduct of police officers in this case.
Read our other successful Civil Case Studies.
Outcome at a Glance: Criminal Defence & Civil Action
- Criminal charge withdrawn
- No court appearance needed
- Civil compensation successfully obtained
- Full legal support from start to finish
Have You Been Wrongfully Charged or Arrested? Need Criminal Defence & Civil Action?
You may have a right to compensation. At O'Brien Criminal and Civil Solicitors, we have a proven track record in both defending charges and running successful civil claims against NSW Police.
Contact us today for a confidential consultation and take the first step towards resolution.
- Call (02) 9261 4281
- Email info@obriensolicitors.com.au
- Or enquire online for a confidential consultation.
*We always change details in our case studies to protect client confidentiality.