Hill, an aboriginal man who was wrongly convicted of a crime. Police knew of other crimes going on by same type of suspect, while aboriginal man was in custody. Police sent a photo of Hill to the media, put out other information about him. Police put him in a line up with Caucasians. Hill spent 20 months in jail, was eventually found innocent and released.
Hill sued the police for negligence: for breaching their duty of care to him.
1. Do the police have a duty of care to their suspects? If so, was the standard of care upheld?
2. Is there a tort of negligent investigation?
1. The police have a duty of care to their suspects.
2. There is such a thing as a tort of negligent investigation.
1. Yes, the police have a duty of care to their suspects, but the standard of care was upheld by police. Therefore, appeal dismissed.
2. Yes, there is a tort of negligent investigation.
Appeal dismissed against.
Dissent: no tort of negligent investigation