Case Note : Bulsey & Anor V State Of Queensland

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Extended Case Note

Bulsey & Anor v State of Queensland [2015] QCA 187 (6 October 2015)

Facts

Police officers including approximately six armed members of the “Special Emergency Response Team” forcibly entered the appellants’ (Bulsey & Anor) house. Bulsey was taken from his bed, placed on the floor, handcuffed and dragged out to the street and later charged with riotous assembly and destruction of a building. In subsequent committal proceedings, the respondent conceded it did not have a case against the first appellant. He was discharged. Bulsey (the first appellant) sued the respondent for damages for trespass to the person (assault, battery and false imprisonment). Anor (the second appellant) sued the respondent for damages for assault and false imprisonment. The trial judge dismissed the appellants’ claims with costs, with judgments in favour of the respondent.

Issues

The primary issues in the case that were discussed were about whether it is necessary that the police officer who makes an arrest in obedience to that order also holds the suspicion, whether a judge’s delay in giving judgment can prejudice the second appellant’s case, and whether the conduct of the police and “SERT” Operatives constitutes as torts of false imprisonment or assault. (Elaborate on all 3 issues) Whether or not s 52(1) in Ch 3 of CLA precludes awards of aggravated damages. “A court can not award exemplary, punitive or aggravated damages in relation to a claim for personal injury damages.”

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