Davies And His Partner James Attended a Melbourne Cup party – Law Extension Committee

By
Responsive Centered Red Button

Need Help with this Question or something similar to this? We got you! Just fill out the order form (follow the link below), and your paper will be assigned to an expert to help you ASAP.

Order Form

Added on: 0000-00-00 00:00:00Order Code: Question Task Id: 0
Law Extension Committee:

On 7 November 2017, Davies and his partner James attended a Melbourne Cup party with some friends on board a boat in Sydney Harbour. After the harbour cruise, the couple and two friends hailed a cab driven by Mr Mahama Ibrahim to return to their accommodation in The Rocks. The passengers, or some of them, were in high spirits exhibiting boisterous, even boorish, behaviour having won significant amounts of money in the Melbourne Cup. An argument broke out about the route taken by Mahama. Mahama claims that Davies vilified him racially, punched him in the back of his head and threatened ‘to beat the hell out of him’. While the taxi was going through George Street, Mahama saw a police Highway Patrol car that was stationary in the traffic. On seeing the police, Mahama said: “I’m going to get the police for
you racist bastards”.  Davies responded: “You’re a fool. You’re wasting everybody’s time. If you’re going to get the police, you go and get them but I’m not hanging around.” Mr Ibrahim pulled over on George St and got out of the taxi to seek the assistance of the police stationary in the heavy traffic. About then, Davies got out of the taxi and entered the adjoining Grosvenor Place Building. Senior Constable (S/Cst) Nguyen pursued him, acting on Mahama’s report of an assault. S/Cst Nguyen overtook Davies and by the application of physical force arrested
him with the assistance of his colleague, S/Cst Lucy May. During the arrest, Davies was forced into a concrete wall, and later down onto the pavement. Both officers exerted force against him, they say to lawfully restrain him. While holding Davies, S/Cst Nguyen took out his gun, pointed it at Davies and said: “You better keep still if you value your life.” Davies suffered physical injuries to his face and head and fractured ribs. He also alleges a consequential post-traumatic stress disorder. He claims that the sight of the gun pointed at his head made him think he was going to die. He is taking medication for his post-traumatic stress disorder. The police asked Mahama if he wished to file any charges against Davies. He said he did not. The police released Davies after detaining him for several hours.

Question:

Davies seeks your advice as to whether he can bring an action in torts against the police. Advise him.

Uploaded By : celina
Posted on : January 19th, 2018
Downloads : 0

How to create Testimonial Carousel using Bootstrap5

Clients' Reviews about Our Services