Burke v The State of Queensland
[2022] QDC 128 · Burnett AM DCJ
Domonic Burke was stopped by police in Toowoomba in April 2015, refused a breath test, and was taken to the watchhouse. During processing an altercation broke out at the counter and he was restrained by officers, later collapsing and being taken to hospital. He spent months in custody on related charges, most of which were later withdrawn or set aside. He sued the State of Queensland claiming the police had assaulted him, falsely imprisoned him, maliciously prosecuted him, and committed misfeasance in public office. Reviewing CCTV footage, the judge found that Burke had behaved aggressively and that the officers used reasonable force in self-defence, that all periods of detention were lawful, and that there was no malice in the way he was charged. The judge dismissed the whole claim and ordered Burke, who represented himself, to pay the State's costs. The judge added that even if he had been wrong on liability, he would have awarded only about $11,500 in total.
Incident & injury
Plaintiff sustained injury during arrest/restraint by police at watchhouse charge counter following his refusal to provide a breath specimen; alleged assault, false imprisonment and malicious prosecution.
- Body regions
- Psychiatric
- Incident date
- 5 April 2015
- Location
- Toowoomba Watchhouse, Toowoomba
Quick facts
- Date of judgment
- 24 June 2022
- Claim type
- Other
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Not stated
- Liability
- Disputed
- Total damages
- $0
Outcome
The plaintiff's claim against the State for trespass, negligence, false imprisonment, malicious prosecution and misfeasance in public office was dismissed in its entirety; the court found the police used reasonable force in self-defence and that all detention and prosecution was lawful. The court noted that had liability been established it would have assessed only $7,500 compensatory, $3,000 aggravated and $1,000 exemplary damages. The plaintiff was ordered to pay the defendant's costs.
Defendant
1 The State of Queensland
Employer of police officers / State
- Judgment against this defendant
- $0
Heads of damage
| General damages | $7,500 |
|---|
Key issues
Burke v The State of Queensland [2022] QDC 128
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