In Robinson v State of NSW (2018) NSWCA, the Plaintiff attended a Sydney Police Station after learning that the Police wanted to contact him. On attending, the Police arrested him, without warrant due to an alleged breach of an Apprehended Violence Order. He agreed to participate in a record of interview, after which he was released without charge. He was in Police Custody for one hour and twenty minutes.
Although the Judge had first instance found against the Plaintiff, the Court of Appeal determined that as the Police officer had not made a decision as to whether to charge the Plaintiff at the time of arrest, the arrest was not for the purpose of commencing the criminal process and accordingly was unlawful.
The Plaintiff therefore succeeded in his claim for wrongful arrest/false imprisonment.
For the period spent in custody of one hour and twenty minutes, he was awarded $5,000.