Inquest into the death of Robert Laudisio Curti [2012] NSWLC 11

Inquest into the death of Robert Laudisio Curti [2012] NSWLC 11

Roberto Laudisio Curti died of undetermined causes while restrained by NSW Police in the course of a police operation where excessive, reckless, careless and dangerous force was applied, including unwarranted use of Tasers and OC spray, but causation was not sufficiently established for criminal referral. Police failed to consider his mental state. Disciplinary referrals and extensive recommendations for review of police procedures were made.

Jurisdiction
Australia
Judgment Date
14 November 2012
Procedural Posture
Coronial Inquest / Final Determination (inquest Findings, Recommendations, and Formal Orders)
Outcome
Formal finding of death by undetermined causes during restraint by NSW Police; disciplinary referral and recommendations for police procedural review.
Legal Topics
['death in Custody' 'police Use of Force' 'arrest Procedure' 'use of Taser' 'use of OC Spray' 'standard Operating Procedures' 'lawfulness of Arrest' 'reasonableness of Force' 'police Misconduct' 'disciplinary Referral']
['coronial Law' 'criminal Procedure' 'police Powers' 'administrative Law'] ['death in Custody' 'police Use of Force' 'arrest Procedure' 'use of Taser' 'use of OC Spray' 'standard Operating Procedures' 'lawfulness of Arrest' 'reasonableness of Force' 'police Misconduct' 'disciplinary Referral']

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Procedural Posture

Coronial Inquest / Final Determination (inquest Findings, Recommendations, and Formal Orders)

Legal Issues

  1. 1 ["Manner and cause of Roberto's death" "Categorisation of the incident at King St store as 'armed robbery'" 'Lawfulness of the arrest and reasonable suspicion' 'Degree and reasonableness of force used' 'Police management and conformity with SOPs and training' 'Compliance with procedures for persons exhibiting mental health issues or drug affliction']

Ratio Decidendi

Roberto Laudisio Curti died of undetermined causes while restrained by NSW Police in the course of a police operation where excessive, reckless, careless and dangerous force was applied, including unwarranted use of Tasers and OC spray, but causation was not sufficiently established for criminal referral. Police failed to consider his mental state. Disciplinary referrals and extensive recommendations for review of police procedures were made.

Court Disposition

Formal finding of death by undetermined causes during restraint by NSW Police; disciplinary referral and recommendations for police procedural review.

Orders

  • ['Conduct of Officers Barling, Cooper, Lim, Edmondson, and Ralph to be considered for disciplinary charges.' 'Actions of police during the pursuit and restraint of Roberto Laudisio Curti to be referred to the Police Integrity Commission.' 'Immediate review of NSW Police SOPs and training for Taser, OC spray,...