Hrdavec v State of New South Wales [2022] NSWCA 52 (07 April 2022) (Bell P, Basten and White JJA)


Catchwords:


TORTS – trespass to the person – false imprisonment – wrongful arrest – reasonable grounds to suspect –genuine belief of arresting officer – appellant named and described by victim – statement by co-accused placed appellant at scene – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99

TORTS – malicious prosecution – laying of charge – reasonable and probable cause – detective mis-represented contents of statements in interview with appellant – whether malice established – whether belief in guilt of person charged

TORTS – malicious prosecution – allegation against appellant withdrawn by victim – whether mis-representations made by detective to appellant’s barrister – maintaining of charge in changed circumstances – whether malice established – whether lack of reasonable and probable cause