Beck v State of New South Wales; Beck v Commissioner of Police New South Wales [2012] NSWSC 1483

Supreme Court New South Wales

Medium Neutral Citation: Beck v State of New South Wales; Beck v Commissioner of Police New South Wales [2012] NSWSC 1483 Hearing dates: 13 - 16 February 2012 Decision date: 10 December 2012 Jurisdiction: Common Law Before: Adams J Decision: 1. Verdict for the plaintiff in the common law proceedings. 2. Award the following damages - (a) loss of salary: $36,134; (b) legal costs of the Local Court proceedings: $680; (c) general damages: $50,000; (d) exemplary damages: $80,000. 3. Defendant to pay the plaintiff's costs of the common law proceedings. 4. The decision of Superintendent Crandell of 22 September 2008 is quashed. 5. In respect of the summons each party to pay their own costs of the plaintiff's first unsuccessful application; the defendant to pay the plaintiff's costs of the second successful application. Catchwords: Malicious prosecution - informant lied about relevant facts - charge withdrawn - police officer disciplinary proceedings - relationship between prosecution and disciplinary proceedings - causation - damages - exemplary damages.

Prerogative relief - deferral of promotion - reduction of increment - Wednesbury unreasonableness - failure to investigate. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Summary Offences Act 1988 Police Act 1990 Police Offences Ordinance 1930-61 (ACT) Police Regulation 2000 Uniform Civil Procedure Rules 2005 Cases Cited: A v NSW [2007] HCA 10; (2007) 230 CLR 500 Anderson v Kynaston [1924] VLR 214 Ball v McIntyre (1966) 9 FLR 237 Hunt v Watkins [2000] NSWCA 229; (2000) 49 NSWLR 508 Inglis v Fish [1961] VR 607 Mitchell v John Heine (1938) 38 SR (NSW) 466 New South Wales v Ibbett [2006] HCA 57; 229 CLR 638 R v Benson (1882) 8 VLR (L) 2 R v Smith [1974] 2 NSWLR 586 Spence v Loguch (unreported NSWSC 12 November 1991) State of New South Wales v Zreika [2012] NSWCA 37 Stutsel v Reid (1990) 20 NSWLR 661 Worcester v Smith (1951) VLR 316 Category: Principal judgment Parties: Aaron Beck (Plaintiff) State of New South Wales (Defendant 1) Commissioner of Police (Defendant 2) Representation: M P Cleary (Plaintiff) M Hutchings (Defendant 1 and Defendant 2) McCabe Terrill Lawyers (Defendant 1 and Defendant 2) File Number(s): 2008/289568 & 2008/289793