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David and Goliath: When Musa Konneh launched a class action against his mistaken arrest by police for breach of bail, he opened the door for other disadvantaged young people to do the same, but only if they can be found.

Many young people mistakenly arrested by police will be eligible for compensation for false imprisonment, arrest and battery as a result of a NSW Supreme Court decision that newly construes the power of arrest in the Bail Act 1978 (NSW). Others, including adults who are not part of the Konneh v State of New South Wales (No. 3) [2013] NSWSC 1424 (Konneh) class action (but who were arrested for breach of bail when not in fact on bail), may also be able to rely on the judgment in claiming damages for false imprisonment.

Lawyers must inform their clients of the possibility of pursuing damages for wrongful arrest.

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