Thullay v The State

Facts

The appellant laid information before a magistrate, who issued a warrant under which a Paramount Chief was arrested.

Issue

Was the appellant guilty of false imprisonment?

Held

No. The magistrate's independent judicial act broke the link (Austin v Dowling). The conviction was quashed.

Principle

One who merely gives information on which a judicial officer acts does not commit false imprisonment.

Why it matters

Defines the limits of false imprisonment.

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