Wood v State of New South Wales

The appellant, Wood, brought proceedings against the respondent, the State of New South Wales, for malicious prosecution after his conviction for murder was quashed by the Court of Criminal Appeal. The appeal to this Court concerned whether the primary judge erred in failing to find that the Crown Prosecutor acted with malice in prosecuting the appellant.

The central legal issues before the Court were whether cumulative errors established malice, whether the primary judge erred in their approach to the evidence, and whether the primary judge made errors in demeanour-based credit findings. The Court also considered whether the prosecutor’s explanations for his conduct were so untenable that they must be rejected, thereby establishing malice. The appellant did not contend any error in the application of the legal principle of malice itself.

The Court found that the primary judge’s findings were open to them on the evidence presented. The explanations offered by the prosecutor were not so inherently improbable or untenable as to compel rejection. Consequently, the Court concluded that malice had not been established.

The appeal was dismissed, and the appellant was ordered to pay the costs of the respondent.