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Judgment date
Case number
S144/2012
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler JJ
Catchwords
Torts – Malicious prosecution – Elements – Whether proof of innocence required where proceedings terminated by entry of nolle prosequi – Whether entry of nolle prosequi terminates proceedings in favour of accused – Whether Davis v Gell (1924) 35 CLR 275 should be followed – Whether direction that no further proceedings be taken against person under s 7(2)(b) of Director of Public Prosecutions Act 1986 (NSW) equivalent to termination by entry of nolle prosequi.
Words and phrases – "favourable termination of the prosecution", "malicious prosecution", "nolle prosequi".
Director of Public Prosecutions Act 1986 (NSW) – s 7(2).