A v State of New South Wales

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".