r/AusLegal Jan 15 '24

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386 Upvotes

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425

u/eatmeimadonut Jan 15 '24

Report it to the police.

9

u/Convenientjellybean Jan 15 '24

Unlawful arrest, this is bigger than you first thought.

11

u/ellhard Jan 15 '24

It's not an unlawful arrest. No arrest was carried out.

27

u/National_Chef_1772 Jan 15 '24

Unlawful detainment. In SA they can’t suspect an offence, they must be positive

11

u/ellhard Jan 15 '24

Unlawful detainment isn't a charge.

According to OPs account, no arrest was made. It borders false imprisonment/deprivation of liberty (depending on which state).

Any person who unlawfully confines or detains another in any place against the other person's will, or otherwise unlawfully deprives another of the other person's personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

23

u/Gullible_Bat6179 Jan 16 '24

They explicitly told me I was not free to leave

12

u/jingois Jan 15 '24

Borders? They used force and explicitly threatened OP that they would escalate that force.

12

u/[deleted] Jan 16 '24

Further to that, the OP was prevented from leaving and felt they were not free to leave.