High Court of Australia

A v State of New South Wales [2007] HCA 10

230 CLR 500; 81 ALJR 763; 233 ALR 584

21 Mar 2007

Case Number: S59/2006


Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ


Torts – Malicious prosecution - Whether prosecutor acted without reasonable and probable cause - Public rather than private prosecution - Applicant acquitted of offence charged - Prosecutor had no personal knowledge of the facts underlying the charge - Whether prosecutor did not honestly form the view that there was a proper case for prosecution or whether the prosecutor formed that view on an insufficient basis.

Torts – Malicious prosecution - Whether prosecutor acted maliciously - Whether the sole or dominant purpose of the prosecutor was other than the proper invocation of the criminal law.

Words and phrases – "malicious prosecution", "malice", "absence of reasonable and probable cause".


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