The Supreme Court of New South Wales Court of Appeal has recently handed down its ruling in the case of State of NSW v Madden, with a number of key issues determined upon. The findings are relevant in assessing the unfair treatment of individuals by law enforcement and provide some clear and obvious issues which are unfortunately repeated in the Australian justice system.
Background to the case
In December 2019 Ms Ebonie Madden and Mr Dylan Turner encountered police in South Penrith, New South Wales. Police requested them to stop and, during the interaction, a bag carried by Mr Turner was searched, revealing a knife and new male clothing.
Madden denied knowledge of the knife but gave an unclear explanation about the clothing. She was arrested for possessing a knife in public and later charged with possession of suspected stolen clothing and resisting an officer.
However, crucial details were omitted from the fact sheet, including Madden's denial of knowledge about the knife and Turner's possession of the bag. Madden was initially refused bail and had her parole revoked until June 17, when a successful bail application was made. She pleaded not guilty to all charges and eventually had them dismissed in October 2020, when relevant evidence was excluded.
The trial of Ebonie Madden
The primary judge made several determinations regarding the case. Firstly, they found that the evidence provided by the police officers lacked credibility. Secondly, they ruled that the initial stopping and detention of Ms. Madden constituted an unlawful exercise of power, thereby categorising all physical contact with her during that detention as battery. Thirdly, the judge concluded that Ms. Madden's arrest was unlawful, resulting in her false imprisonment during her time in custody. Lastly, the judge determined that Ms. Madden had been subjected to malicious prosecution concerning the three charges brought against her.
As such, the State of New South Wales appealed against the rulings.
The case on appeal
In hearing the appeal, Bell CJ, Leeming JA and Stern JA looked at the legality and fairness of the proceedings involving Ms. Madden. The primary points in question were:
- Whether the trial judge's actions might have created a perception of bias;
- The legality of Ms. Madden's detention and arrest;
- The applicability of specific sections of the Civil Liability Act 2002 (NSW) - which looks at whether there was deprivation of a person’s common law right to enjoy freedom of movement in his or her community; and
- Whether the primary judge made errors in determining if the charges against Ms. Madden were brought with reasonable cause and potentially malicious intent.
Court of appeal outcomes
The appeal by the State of New South Wales against the District Court’s decision was dismissed, upholding the District Court’s findings that the state was vicariously liable for police officers' actions that constituted battery, false imprisonment and malicious prosecution.
Although Justice Leeming dissented on the lawfulness of detention, the majority upheld the decision. Justice Leeming held that detention was warranted because there were grounds for one of the police officers to reasonably suspect that Ms Madden had something in her possession to be used in connection with an offence.
Additionally, the Court found that the damages awarded to Ms. Madden totaling $320,000, along with interest and costs, was entirely reasonable and fair.
This case summary was written by Sophia Baldi.
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Jeremy King.
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- Injury Law & Police Misconduct
- 03 9890 3321
- Email Address: j.king@robinsongill.com.au
Jeremy King is a Principal Lawyer and head of the Police and Prisons team at Robinson Gill. With an imposing track record of high-profile actions against the Victorian police, Jeremy is at the forefront of the fight for police oversight and accountability. Through both his landmark litigation and advocacy work, he has played a key role in shaping legislative reform across Australia.
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