Balson v State of Qld

Balson brought an action for malicious prosecution against the State of Queensland and the Director of Public Prosecutions. The plaintiff alleged that he had been maliciously prosecuted by the second defendant, who was acting as the prosecutor on behalf of the State. The Federal Court was asked to determine whether the second defendant was a prosecutor for the purposes of the plaintiff’s claim. The court was also required to consider whether there were any circumstances in which a person other than a prosecuting body could be considered a prosecutor for the purposes of a claim for malicious prosecution.

The court held that the second defendant was not a prosecutor for the purposes of the plaintiff’s claim. The court found that a prosecutor was a person who had the power to initiate criminal proceedings. The second defendant, as the Director of Public Prosecutions, had the power to decide whether to proceed with criminal charges, but did not have the power to initiate criminal proceedings. The court held that the second defendant was acting on behalf of the State and not as a prosecutor. The court also held that a person could only be considered a prosecutor for the purposes of a claim for malicious prosecution if they had the power to initiate criminal proceedings.

The court dismissed the plaintiff’s claim against the second defendant for malicious prosecution. The court held that the second defendant was not a prosecutor and therefore could not be held liable for malicious prosecution. The court also held that there were no circumstances in which a person other than a prosecuting body could be considered a prosecutor for the purposes of a claim for malicious prosecution.

The court ordered that judgment be entered for the second defendant, with costs to be assessed on the standard basis on the plaintiff’s claim against the second defendant for malicious prosecution.