“The fact that the plaintiff was a minor, 'a child', ought to have been obvious to Constable Budin.”

The teen was arrested and charged with assault, resisting arrest, using offensive language in public and failing to obey a move on direction.

A Children’s Court magistrate found the offensive language charge proven but used his power to dismiss it. All other charges were dismissed.

The skater then sued the state for assault and battery, false imprisonment and malicious prosecution, claiming to have felt “humiliated, embarrassed, (and) scared” by the arrest.

In his evidence, Constable Budin said the teen had used his skateboard to “come towards” him, and he thought “it was going to hit (him) in the face”.

But Judge Neilson said he didn’t believe the youth had used his skateboard as a weapon against the officer, and that it likely got in the way of the pair during the short scuffle.

Judge Neilson said the skater had done nothing to justify his arrest and that Constable Budin had other options to deal with his behaviour.

“Drinking alcoholic beverages whilst under 18 years of age in a public place is not a crime of violence.

“Even if the plaintiff continued to use offensive language, in my opinion, (Constable) Budin was not entitled to arrest in such circumstances unless the plaintiff refused to identify himself or produce some form of identification,” he said.

Rather, Judge Neilson said that, without proper justification, Constable Budin’s actions amounted to assault and that the teenager was entitled to resist him in self-defence.

“Constable Budin’s physical interaction with the plaintiff was not in self-defence by Constable Budin. The plaintiff was seeking to protect himself from Constable Budin’s assault on the plaintiff,” he said.

He also described the state’s written submissions in which it labelled the skater as amongst “large numbers of irrational, intoxicated youths who made plain their intention to disregard and disobey police instructions” as indulging in “stereotypification”.

The court ruled the “move on” direction given to the teens was also invalid as the officers didn’t specify a time limit in which the youths were able to return.

Judge Neilson found the skater’s claims of assault and battery, false imprisonment and malicious prosecution were made out.

He said Constable Budin was, at least, reckless to inflicting pain on the minor and probably believed “that he could pass what he did off under the colour of his office.”

He said all police must be deterred from acting as Constable Budin had.

“The Court must decry such behaviour towards a minor. Constable Budin, indeed all members of the police force, must be extremely careful when dealing with minors,” he said.

Judge Neilson awarded $25,000 for assault and battery, $30,000 for false imprisonment, and $45,000 for malicious prosecution, as well as interest.