Walker v State of Queensland
[2022] QDC 168 · Byrne QC DCJ
Richard Walker was stopped by police on the roadside and accused of 'hooning'. He told the officers his father was dying in hospital and repeatedly asked to leave, but the officers refused, impounded his car and kept him at the scene for about an hour. A jury originally found against him, but the Court of Appeal ruled he had been unlawfully detained for 63 minutes and sent the case back to the District Court to work out compensation. The judge found the officers' conduct — failing to tell him what the hospital had said about his father, blaming him for a nearby crash, never apologising, and insisting at trial he was guilty despite his acquittal — was improper and made his distress worse. The judge awarded $30,000 in damages, including an amount for the aggravating conduct, plus interest. The judge declined to award exemplary (punitive) damages, finding the officers acted on an honest but mistaken belief about their training rather than out of malice.
Incident & injury
Plaintiff unlawfully detained by police at the roadside for 63 minutes while he believed his dying father needed him at hospital; suffered emotional distress, embarrassment and injury to liberty
- Body regions
- Psychiatric
- Incident date
- 10 September 2014
- Location
- Roadside, Sunshine Coast region, Queensland
Quick facts
- Date of judgment
- 5 August 2022
- Claim type
- Other
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
- Liability
- Admitted
- Total damages
- $30,000
Outcome
Following the Court of Appeal's finding that the plaintiff was unlawfully detained by police for 63 minutes, the District Court assessed damages, including aggravated damages, at a total of $30,000 plus interest from 10 September 2014. The court refused to award exemplary damages.
Defendant
1 State of Queensland
Vicariously liable for police officers
- Judgment against this defendant
- $30,000
Key issues
Walker v State of Queensland [2022] QDC 168
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