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False Arrest and False Imprisonment - Police Won't Help?

Discussion in 'Criminal Law Forum' started by Freddy D, 13 October 2014.

  1. Freddy D

    Freddy D Member

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    Hi everyone I'm new to this. In 2011 I was arrested by 4 civilians who claimed I stole their car and their money. Very not true. I just got back from an overseas holiday and as I walked out of the airport, I was citizens arrested by these 4 people. Instead of taking me home, they handcuffed me took me to my house, made me sign over my Harley Davidson and my BMW worth $50,000 in total. While all this was happening, I was still in handcuffs which where ripping my skin. I kept asking them to take them off.

    After all this, I told them that I want to go to police station straight away. After being threatened and verbally abused. Taking my car and bike under duress it's called right? So we got to the police station and I was questioned and released and I was never charged. I wanted these people charged under criminal law for false imprisonment, theft of my property, holding me hostage against my will in my own home, kidnapping and much more. The police want nothing to do with it. What should I do next?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Freddy,

    I'm sorry for your ordeal.

    Do you know the names, addresses and contact details of these four people? If so, you can bring a civil action against them for false imprisonment, assault and claim your property back under contract law by voiding the contract due to duress. You may also look into property trespass for your motorbike.
     
  3. Sophea

    Sophea Well-Known Member

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    Dear Freddy D,

    Wow that's wild. I would feel similarly in your situation.

    False imprisonment is a tortious wrong for which you can bring a civil action. False imprisonment is committed when someone directly subjects you to total deprivation of freedom of movement without lawful justification. It requires restraint of personal liberty which is a right that is protected by common law. If you were to bring an action for wrongful imprisonment all you have to prove is that you were imprisoned by the defendants, not that it was unlawful. The defendants will need to prove that the imprisonment had lawful basis. If you were successful a court could award you general damages for your suffering as well as exemplary or aggravated damages depending on the circumstances.

    I assume the documents signing over your bmw and harley to these offenders was destroyed?

    As Sarah J said, there may also be a claim of trespass to property in respect of them requiring you to sign over title, although in a civil trespass action you may need to prove damage (not sure what would be sufficient here). In order to establish any trespass action you need to prove that:
    • there was an intentional or negligent act.
    • there was harm occasioned by direct interference with the person or property
    • injury is inflicted on the person or property.
    • there was no lawful justification for the act.
    hope that helps
     
  4. Freddy D

    Freddy D Member

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    Thank you for replying to this i really appreciate it. Ive tried for so long to have someone help me or give me advise on what i can do, ive been into the police station so many times and they just say I quote, ( did you get charge NO so dont worry about it.) MMMMM well hello its not a joke and i want justice done, i was even on current affair about all this and it was turned around on me and i was the guilty one On public TV
    How can i get the Police to charge these people, any ideas please
     
  5. Sarah J

    Sarah J Well-Known Member

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    You cannot force the police to charge these people. The police have discretion to make charges based on the amount of evidence and other factors. Criminal offences are an offence against the state, not against any individual person, and therefore, the police, representing the state, has discretion over whether to bring a claim or not.

    If you want to bring a claim against the perpetrators, you can, under civil law. You can bring an action against the people under the law of torts for false imprisonment, assault and property conversion/trespass. Before you do so, you should consult a lawyer. This is because these actions are serious actions and can be very complicated if you wish to self represent. Depending on how much you are claiming, you may not be able to self represent. You can consult your local community legal centre for some preliminary free advice. If you decide to proceed, you can look into applying for legal aid.
     

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