Tresspass by Police Court Win

“………Justice Wright explained that aggravated damages are a form of general damages warranted due to injury, which may be intangible. Although Sanchia’s injuries didn’t constitute this, as she was not present during the trespass, but she was due to such damages in relation to her kids’ trauma.

In terms of exemplary damages, these do not constitute compensation, rather they’re an expression of the court’s disapproval of a wrongdoer’s actions. And Sanchia was warranted such damages, as while the officers believed they weren’t doing wrong, they should’ve known they were trespassing.

In having considered the outcomes of other trespass cases, his Honour, on 7 February this year, determined to award Sanchia $17,500 in compensation: $7,500 for the breach of her right, $5,000 for aggravated damages and $5,000 in relation to exemplary damages.

In calculating the interest over the interim period, the compensation amount rose to $18,334.69. And no order on costs was resulting, which left each party to cover their own…..”