Sharp v Biggs [1932] HCA 54

Sharp v Biggs [1932] HCA 54

On the jury's findings, particularly the absence of reasonable grounds for Sharp's belief that Biggs had committed perjury and the presence of malice, the prosecution was held to be without reasonable and probable cause. The High Court (majority) held that the trial judge correctly determined there was a want of reasonable and probable cause and dismissed the appeal.

Parties
Appellant: Walter Henry Sharp; Respondent: Frederick William Biggs
Jurisdiction
Australia
Procedural Posture
Malicious Prosecution / Appeal From the Supreme Court of Victoria (full Court) to the High Court of Australia
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, Reasonable and Probable Cause, Functions of Judge and Jury, Perjury
Tort Law Malicious Prosecution Reasonable and Probable Cause Functions of Judge and Jury Perjury

Case Brief

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Parties

Walter Henry Sharp

Appellant

Frederick William Biggs

Respondent

Procedural Posture

Malicious Prosecution / Appeal From the Supreme Court of Victoria (full Court) to the High Court of Australia

Legal Issues

  1. 1 Whether the defendant (Sharp) had reasonable and probable cause to prosecute the plaintiff (Biggs) for perjury
  2. 2 Whether the prosecution was actuated by malice

Ratio Decidendi

On the jury's findings, particularly the absence of reasonable grounds for Sharp's belief that Biggs had committed perjury and the presence of malice, the prosecution was held to be without reasonable and probable cause. The High Court (majority) held that the trial judge correctly determined there was a want of reasonable and probable cause and dismissed the appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs