Roseanne Beckett v the State of New South Wales [2013] HCA 17

The High Court of Australia has handed down a landmark decision overruling a previous High Court decision from nine decades ago. In its decision in Roseanne Beckett v the State of New South Wales [2013] HCA 17, the High Court held that the previous decision in Davies v Gell (1924) 35 CLR 275 should not be followed in this instance.

Facts

The matter extends back to 1991 in which Ms Roseanne Beckett was convicted of eight offences against her husband. In 2005, the New South Wales Court of Criminal Appeal quashed the convictions on six of the counts leaving two. Ms Beckett was acquitted on one count and ordered a new trial for the remaining. However, the Direct of Public Prosecutions made no further proceedings.

In 2008, Ms Beckett instigated proceedings against the State of New South Wales for malicious proceedings.

Trial Decision

The trial judge found that the DPP’s decision not to proceed further with the charges amounted to an entry of nolle prosequi. He subsequently applied the precedent in Davies v Gell, which held that where proceedings have been terminated by the entry of nolle prosequi, as distinct from other forms of termination, a plaintiff must prove his or her innocence to succeed in a subsequent action for malicious prosecution.

High Court Decision

The High Court unanimously held that Davies should not be followed. The plaintiff should not be required to prove his or her innocence in an action for damages for malicious prosecution in any case in which the prosecution has terminated favourably to the plaintiff.

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