False Imprisonment

Question 1

What are the elements of false imprisonment?

Answer 1

1. Direct act by the defendant
2. Total restraint of the plaintiff’s liberty (no reasonable means of escape)
3. Intentional conduct
4. Without lawful justification

Question 2

What case shows restraint must be total?

Answer 2

Bird v Jones - Blocking part of a bridge does not mean total restrain -> no false imprisonment

Question 3

What case confirms psychological coercion may amount to total restraint?

Answer 3

Symes v Mahon – Plaintiff reasonably believed they had no choice but to comply.

Question 4

Must the plaintiff be aware of being imprisoned at the time?

Answer 4

Murray v Ministry of Defence - No. Awareness is not required.

Question 5

Who bears the burden of proof once imprisonment is established?

Answer 5

Myer Stores v Soo - The defendant must prove lawful justification.

Question 6

What case shows store personnel can be liable even when police make the arrest?

Answer 6

Webster – Defendant fabricated story; police acted on it = defendant caused imprisonment.

Question 7

What case involved imprisonment beyond the lawful period?

Answer 7

Cowell v Corrective Services Commission – Detaining beyond prison sentence = false imprisonment.

Question 7

What case dealt with a store falsely accusing a customer, leading to police detention?

Answer 7

Myer Stores v Soo – Police relied on store detective’s false information; coercive setting = false imprisonment.

Question 8

Can restraint be brief and still amount to false imprisonment?

Answer 8

Yes. In Myer Stores Ltd v Soo [1991] 2 VR 597 held duration does not matter — any unlawful restraint is actionable per se.

Question 9

What statutory defence might a store or security staff rely on?

Answer 9

Criminal Code (Qld) s 546(c)–(d) – Citizen’s arrest where an offence has occurred.

Question 10

Is false imprisonment actionable per se?

Answer 10

Yes — the plaintiff does not need to prove damage.

Question 11

When can a third party (like a store employee) be liable for imprisonment by police?

Answer 11

Coles Myer Ltd v Webster Yes When they are active in promoting and causing the imprisonment — not merely providing info.

Question 12

What are the main defences for false imprisonment?

Answer 12

• Consent
• Lawful Authority (Police Powers and Responsibilities Act 2000)

Question 13

Can someone withdraw consent after consenting to limited detention?

Answer 13

Herd v Weardale Steel Coal & Coke Co Ltd Not always. A miner who consented to remain underground for a shift could not demand early exit.

Question 14

What case confirms FI where imprisoned improperly with respect to law

Answer 14

TD