Crowley v Glissan (No 2)

Crowley, the plaintiff, brought an action against Glissan, the defendant, for malicious prosecution and for publishing a criminal libel. The case was heard before Griffith C.J., Barton and O'Connor JJ.

The legal issues before the court were whether the plaintiff had established the absence of reasonable and probable cause for the prosecution, and whether the defendant had a defence to the criminal libel charge. Specifically, the court had to consider whether the plaintiff's evidence was inconsistent with a reasonable belief in his guilt, and whether the defence of truth and publication for the public benefit under the Defamation Act (N.S.W.) applied to the circumstances of the publication.

The court found that the plaintiff had not discharged the onus of proving the absence of reasonable and probable cause for the prosecution. The evidence presented by the plaintiff was not inconsistent with the defendant having held a reasonable belief in the plaintiff's guilt. Regarding the libel charge, the court noted that the nature and manner of publication were relevant considerations for the defence of truth and public benefit, and that the motive of the libeller was immaterial.

The court upheld the nonsuit granted at trial.