Mathew Wilkinson (with Scott McLeod KC) appeared for the defendants, instructed by the Crown Solicitor.
The main issue in this judgment was how much damages should be awarded for the malicious prosecution of the plaintiff regarding a charge of being an accessory after the fact to an armed robbery of a bank in Cairns in 1992.
The plaintiff sought a sum of $960,000.00 plus interest since May 1993 and all his costs of the trial.
The Court granted the plaintiff $65,000 in general damages for wrongful imprisonment, $45,000 in aggravated damages, and $20,000 in exemplary damages. Interest on general and aggravated damages was awarded from 28 September 2011 at 2% per annum, and the defendants were ordered to pay 40% of the plaintiff’s trial costs, excluding specific proceedings and applications.
The judgment can be read by clicking here
