It includes, for example, driving a car at such a speed so as to prevent a passenger from getting out,[2] confinement within an aeroplane or setting a person adrift in a boat without the capacity to return to land.[3]. false imprisonment: The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement. This illegal confinement violates an individual’s right to be free from restraint, and may give the victim a claim in civil court, in addition to any criminal charges which may apply. a police officer, store detective. A common law or statutory defence may be available. While some cases have held that it must be (e.g.. To prove that the deprivation of liberty was against the complainant’s will, the prosecution must prove: That the accused’s conduct was of a coercive character; and, That the complainant would not have submitted to the deprivation of liberty but for the accused’s conduct (i.e., his or her will was overborne) (, Thus, even if the accused has blocked the complainant’s ability to leave a location, this element will not be met if the complainant remains at that location for his or her own reasons, uninfluenced by the accused’s actions (, A complainant may, in the course of an extended detention, change his or her mind and consent to the detention. Two innocent men who were detained and allegedly assaulted by Victoria police are suing the force claiming false imprisonment, assault and battery by the officers involved. This requires you to be satisfied that the defendant actually intended to imprison the plaintiff. 4. From that point in time the accused is no longer depriving the complainant of his or her liberty (, In addition, where a person consents to the imprisonment, it will not be unlawful (, If the complainant was incapable of consenting to the deprivation of liberty (e.g., a young child), a jury will readily infer that the complainant did not consent (. False imprisonment is a common law offence, so the legal definition is found in case law. By contrast, where there is a means of escape which is not reasonable, and the complainant hesitates before using it, there is false imprisonment during the period of hesitation (, As “compelling” a person to remain in a particular place or go to a particular place does not necessarily involve restraint on a person’s freedom of movement, judges should avoid using the term “compel” in their directions (, The second element the prosecution must prove is that the accused intended to deprive the complainant of his or her liberty (, There is no need to prove that the accused intended to arouse fear of violence, or foresaw that the complainant may fear violence (, This element will not be met if the accused mistakenly believed that the complainant consented to the deprivation of liberty (, It is not necessary to show that the asserted belief was reasonable. However, excessive detention may move beyond the bounds of reasonable parental discipline and render the detention unlawful (, Defence of another or defence of property can provide a lawful basis for detaining a person (, There are some older authorities that suggest that every false imprisonment connotes an assault. But it is a prima facie false imprisonment to take a person or direct that he be taken to an asylum, or to keep him there, or to push him into a pitfall. Further false imprisonment may occur where a threat of force is used to confine a person without actual physical barriers. 30. However, if the request by [insert appropriate example, e.g. It is unclear whether the deprivation of liberty must always be against the complainant’s will. A partial obstruction or confinement, but with a way out, is not false imprisonment. [5] Note, however, negligent restraint may lead to an action in negligent trespass – Williams v Milotin (1957) 97 CLR 465. In such circumstances, the complainant has not been deprived of his or her liberty simply because he or she has been detained. The concept of deprivation of freedom is a wide one. False imprisonment cannot occur in a kidnapping situation because the person has been removed to a new area. False imprisonment is a common law offence. CRIMES ACT 1958 - SECT 320 Maximum term of imprisonment for certain common law offences. the defendant must have intended to imprison, confine or restrain the plaintiff; the imprisonment, confinement or restraint must be against the plaintiff’s will; the imprisonment, confinement or restraint must be total; as a result, the plaintiff must have suffered an: suffered some psychological injury or mental harm as a result. The constraint upon a person ’ s will 15 ] State of New South Wales v Riley ( )... Or restrain the plaintiff to establish this element is as follows: 26 her will 1971 124. 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