11 Feb 2009
STEVEN FRANCIS FREDERICKS V THE ATTORNEY-GENERAL SUED ON BEHALF OF THE NEW ZEALAND POLICE HC GRY CIV-2008-418-000163
- Citation
- openlaw-23d25210_b8b0_475d_8640_4ad31c551203.pdf
- Court
- High Court
The appellate court accepted the trial judge's factual findings that the constable deliberately and repeatedly assaulted a handcuffed, immobilised detainee and that the conduct was 'truly outrageous'; applying settled New Zealand principle favouring moderate exemplary awards and comparing like public law cases (Archbold, Warne), the Court held $5,000 was within range but insufficient and increased the exemplary damages to $10,000 to accord with comparable authority and the need for consistent vindication and denunciation.