How are Taser weapons used by the NSW Police Force?

Case Study 1: Unnecessary and unreasonable use of a Taser

This case study relates to the use of a Taser that was later reviewed by a local court in R v Alkan. The CCTV footage shows a police officer firing a Taser at a man walking erratically through a crowded city street in the early hours of a Sunday morning after he ignored repeated directions to get off the road and walk on the footpath. The officer had been following behind the man.

At the time the officer discharged the Taser into the man’s back, the man was stepping onto the footpath with other officers on either side of him. The man was arrested and charged with possession of prohibited drugs. A police investigation into the incident concluded that the use of the Taser was appropriate and complied with standard operating procedures.

The magistrate found that the man’s arrest was unlawful because ‘the use of the Taser was excessive force, well beyond what was reasonably necessary in the circumstances’. His Honour also found that ‘it is apparent from the CCTV that, on any objective assessment, there were other means available to [the officer] to apprehend [the person]’.

The Ombudsman recommended that an adverse complaint finding be made against the officer but this was not supported by NSW Police Force.

A video of the incident can be viewed here. Viewers should be aware the video contains images some may find disturbing.