Palmer v ACT (No.2) [2023] ACTSC 340
1 judgment
Palmer v ACT (No.2) [2023] ACTSC 340
Project CitationClaim for damages – referred to inquiry cited in Bugmy Bar Book chapter on impacts of imprisonment
Coram: McCallum CJ
- Civil matter – claim for damages for assault and battery – prisoner assaulted by correctional officers – whether use of force necessary and reasonable
- In description of difficult conditions at time of alleged assault referred to inquiry cited in chapter of Bugmy Bar Book:
- [8] There was evidence that one of the prisoners kept in the overflow area had severe mental health issues and was at times at significant risk of self-harm, while another had refused to return to his cell in the overflow area earlier that day. Custodial isolation and overcrowding risks exacerbating mental illness, as noted in the Inquiry into Victoria’s Criminal Justice System (2022) at pg 594 (cited in the Bugmy Bar Book chapter on “Impacts of Imprisonment and Remand in Custody”):
- Practices such as use of isolation, restricting visits from family and friends, overcrowding, poor access to health services and programs, and negative interactions with correctional officers have a significant impact upon mental health. The psychiatric impacts of prison are particularly acute for Aboriginal and Torres Strait Islander people. For example, Aboriginal women in prison are hospitalised for mental illness at triple the rate of Aboriginal women in the community.
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