On 28 March 2025, the District Court of NSW (Weber SC DCJ) delivered judgment in Tsakirios v State of New South Wales [2025] NSWDC 90, entering a verdict for the defendant in favour of the State of New South Wales (State).

The plaintiff’s case involved allegations that a serving police officer had falsely imprisoned him and thereafter committed the intentional torts of malicious prosecution and misfeasance in public office. Such action took place during the arrest where the police officer charged the plaintiff for an armed robbery of a fast-food outlet. The State was alleged to be vicariously liable for the actions of the police officer.

In rejecting the plaintiff’s case, Weber DCJ accepted the State’s submissions including holding:
(a) that when the police officer arrested the plaintiff, she genuinely suspected on reasonable grounds that the plaintiff had committed the offence of armed robbery so that her arrest of the plaintiff was lawful pursuant to s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002;
(b) the plaintiff failed to prove the police officer acted without reasonable and probable cause in initiating proceedings, having regard to the police officer’s subjective reasons and the objective basis for her decision;
(c) the police officer was not a prosecutor after the Director of Public Prosecutions (DPP) took over the prosecution; and
(d) the plaintiff had not proved malice, whether for the torts of malicious prosecution or misfeasance in public office.

Nicholas Newton appeared for the successful defendant, instructed by Crown Solicitor’s Office (NSW).
Link to judgement found here.