Shepherd v State of New South Wales

The appeal concerned an alleged assault by police officers on the appellant, Mr. Shepherd, who claimed his femur was deliberately broken when he confronted officers over their alleged failure to protect his father from a neighbour. The police maintained that the appellant posed a threat to the neighbour, who was in their custody, and that the injury occurred when they applied a "check drill" and the appellant fell. The primary judge had dismissed the claim, preferring the evidence of the police officers.

The Court of Appeal was required to determine whether the primary judge had afforded proper weight to medical notes that recorded the appellant's assertion of being assaulted, whether the primary judge had made a finding that the appellant and his mother had colluded in their evidence, and whether the primary judge was obliged to make a finding that the police witnesses' evidence was contaminated due to their participation in a re-enactment of the incident.

The Court of Appeal rejected all grounds of appeal. It found that the primary judge had properly considered all the evidence, including the medical notes, and was not obliged to make specific findings regarding collusion or contamination of evidence. The primary judge's preference for the police officers' evidence was open to them on the evidence presented.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.