Graham v State of New South Wales

The New South Wales Court of Appeal heard an appeal by the plaintiff, Graham, against the State of New South Wales. The dispute concerned the plaintiff's claim for damages for personal injuries sustained as a result of an alleged assault by a police officer. The primary judge had dismissed the plaintiff's claim.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that the plaintiff had failed to establish that the police officer had used excessive force in apprehending him. This involved a determination of the circumstances surrounding the apprehension and the degree of force reasonably necessary in those circumstances.

The Court of Appeal reviewed the evidence presented at trial, including the testimony of the plaintiff and the police officer. It applied the legal principles governing the use of force by police officers in making an arrest, which permit the use of such force as is reasonably necessary for the purpose of effecting the arrest or preventing escape. The Court found that the primary judge's assessment of the evidence was open to challenge and that the evidence, when properly considered, did not support the conclusion that the force used was not excessive.

The Court of Appeal allowed the appeal, set aside the judgment of the primary judge, and remitted the matter to the Supreme Court for a new trial on the issue of damages.