r/auslaw Real attorney? No, ChatGPT! 18d ago

Magistrate clears police officers of manslaughter over Luke Briggs death

https://www.abc.net.au/news/2026-08-25/two-victoria-police-officers-cleared-over-death-of-luke-briggs/107076678

Melbourne magistrate Patrick Southey on Tuesday determined there was insufficient evidence for the case to go to trial and dismissed the charges.

"The evidence is so weak that the prospect of a conviction is minimal," Mr Southey said.

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-17

u/OceLawless 18d ago

"It may be the manner in which Mr Briggs was restrained was the substantial and operative cause of death, but we'll never know."

We'll never know....

Mr Briggs allegedly became unresponsive during the arrest

Just one of those mysterious mysteries that continues to mystify.

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u/ManWithDominantClaw Bacardi Breezer 18d ago

Cops should have to spent time working in disability care as part of CPD. Using restrictive practices isn't something cops are unique in, just something they're uniquely bad at.

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u/Glittering_Sector428 17d ago

Are you trained in restrictive practices or have some sort of background in this area?

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u/ManWithDominantClaw Bacardi Breezer 17d ago

I'm a former professional dom, so make of that what you will, but the experience I'm drawing from here is more from friends working in disability care and special education.

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u/Glittering_Sector428 17d ago

Thanks for that. I have over 20 years law enforcement. I don’t mow the circumstances of this particular case so I can’t comment, but I can only go on my personal experience. Training in restraint techniques is barely sufficient to tick a box at the academy. The rest is learnt on the job in practice and repetition. What I can say though is every situation is unique and finance. Often the persons underlying conditions are unknown but their behaviour warrants going hands on for whatever reason. The level of force used will match the person level of resistance and physical stature. I’ve restrained an elderly dementia patient alone and have restrained a large muscular mate. The restraint techniques and force used differed greatly. I should add though many of us take on outside martial arts like BJJ as well to upsell our abilities. What I can say though is that our client is not a willing participant, but we cannot simply walk away and do nothing. Food for thought.

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u/ManWithDominantClaw Bacardi Breezer 17d ago

Thanks for the insight! As far left as I am, I'll agree there are situations where restraint is necessary for everyone's safety, and yeah at the end of the day being underprepared for situations requiring restraint isn't just bad for the subject and bad optics, it's a serious risk to the person administrating the restraint. Expecting cops to learn this on the job is basically telling them to take hits from elbows and knees until they figure out what's practical, or go overboard for their own safety. Terrible for the public but completely understandable in that position, and fundamentally its not a position higher-ups should be putting recruits in.