The case confirms that where charges are brought on the basis of expert veterinary evidence and observations of animal condition, and are withdrawn upon receipt of exculpatory expert evidence, reasonable and probable cause is established and the withdrawal is inconsistent with malice. The arrest of a person for failing to provide their name and address under s 27A of the Prevention of Cruelty to Animals Act 1979 (NSW) is not rendered unlawful merely because the person is subsequently interviewed, provided the arrest was not effected for the extraneous purpose of facilitating questioning. The question whether investigative detention powers under Part 10A of the Crimes Act 1900 (NSW) extend to special constables was left open.
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