Recent Cases

Shepherd v State of New South Wales [2022] NSWCA 145 (11 August 2022) (Leeming, Brereton and Beech-Jones JJA)


Catchwords:


APPEAL – alleged assault by police – appeal from dismissal – appellant said he was assaulted as he confronted police over alleged failure to protect his father from neighbour – claims excessive force applied – claimed femur deliberately broken – police claim appellant represented threat to neighbour who was in their custody – claimed only applied “check drill” and appellant fell over – primary judge preferred evidence of police officers – dismissed claim – whether primary judge afforded proper weight to medical notes recording that applicant was assaulted – whether primary judge made finding that appellant and his mother concocted and colluded in their evidence – whether primary judge was obliged to make finding that police witnesses participated in a re-enactment of incident and their evidence was contaminated – all grounds rejected – appeal dismissed