TORTS — malicious prosecution and false imprisonment — malicious criminal proceedings — essentials of cause of action generally — termination of proceedings in Plaintiff's favour and innocence — when proof of Plaintiff's innocence necessary — Plaintiff convicted by jury — retrial ordered on appeal — Director of Public Prosecutions decides to proceed no further on the charges — whether the decision amounts to a nolle prosequi — effect of entry of a nolle prosequi — need for the Plaintiff to prove innocence on those counts.
CRIMINAL LAW — procedure — indictments — status where appeal court quashes conviction and orders re-trial — nolle prosequi — when may be entered
Case Details
Citation[2011] NSWSC 818
CourtNSWSC
JurisdictionNew South Wales
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