Recent Cases

Edwards v State of New South Wales [2022] NSWCA 187 (26 September 2022) (Macfarlan, Gleeson and Kirk JJA)


Catchwords:


TORTS — false imprisonment — matters known to prosecutor after conclusion of applicant’s electronic interview with police justified his continued detention following earlier lawful arrest

TORTS — malicious prosecution — whether officer-in-charge continued to act as a “prosecutor” after case transferred to DPP — absence of reasonable and probable cause not demonstrated — malice not established as no basis for concluding that prosecutor acted other than appropriately to invoke criminal justice system