Frost v New South Wales

• 1. Tort
  2. › Wrongful arrest
  3. › Lawfulness of arrest
  4. › Power of arrest under s 352 Crimes Act 1900 (NSW)
  5. › Whether arrest justified where officer initially prepared to proceed by summons
  6. › Whether change in circumstances warranted arrest
  7. › Whether absence of caution vitiated arrest
  8. › Crimes Act 1900 (NSW), s 352
• 1. Tort
  2. › Wrongful arrest
  3. › Whether tort of wrongful arrest can be committed where arrest is lawful
  4. › Whether 'inappropriate' or 'unreasonable' arrest is tortious
  5. › Whether abuse of power of arrest renders otherwise lawful arrest tortious
• 1. Tort
  2. › False imprisonment
  3. › Arrest and detention by police
  4. › Whether false imprisonment established where arrest was lawful and justified
• 1. Tort
  2. › Malicious prosecution
  3. › Elements of the tort
  4. › Reasonable and probable cause
  5. › Whether constable had reasonable and probable cause based on signed statement and surrounding circumstances
  6. › Malice
  7. › Whether use of caged vehicle or continuation of charges evidenced malice

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