Allen v State of NSW

The plaintiff, Allen, brought an action against the State of New South Wales, alleging that while in police custody, he was subjected to three unlawful assaults by police officers. The case was heard in the Supreme Court of New South Wales. The plaintiff sought damages for the alleged assaults and argued that the actions of the police officers amounted to a breach of his rights under common law.

The court had to determine whether the plaintiff had indeed been subjected to the three alleged assaults by the police officers while in custody. This involved assessing the credibility of the plaintiff's evidence against the evidence provided by the police officers and any other witnesses. The court also had to consider the applicable legal standards for determining whether the actions of the police officers constituted an unlawful assault under common law.

In reaching its decision, the court carefully evaluated the evidence presented by both parties. It found that the plaintiff's evidence was not credible and that the police officers had acted within the scope of their duties. The court concluded that the plaintiff had failed to prove his case on the balance of probabilities and dismissed the action. The plaintiff was ordered to pay the defendant's costs on the ordinary basis unless otherwise ordered, and the exhibits were to be returned. The court reserved the right to make further orders if necessary.