Definition: A tort or civil wrong that allows a person subjected to unjustified court proceedings to claim damages against their prosecutor.
Essential Elements to Prove Malicious Prosecution
Initiation of Prosecution
Defendant actively instigated the prosecution or was instrumental in initiating proceedings.
Mere reporting to police (who independently investigate) does not satisfy this element.
False information leading to prosecution can establish this element.
Termination of Criminal Proceedings in Plaintiff's Favor
Must show proceedings terminated in favor of the plaintiff.
Applies even without an appeal if not convicted of the charged offense.
Favorable termination could include acquittal, quashed convictions for technical reasons, or prosecutorial discontinuance.
Lack of Reasonable or Probable Cause
Defined as the absence of an honest belief in the guilt of the accused based on circumstances that would lead a reasonable person to the conclusion of probable guilt.
Two ways to prove:
No honest belief in plaintiff's guilt.
Facts would not lead a reasonable person to believe in guilt.
Question of law, not fact.
Malice
Malice relates to the prosecutor's improper motive beyond seeking justice.
Distinction from reasonable cause: malice does not infer the absence of probable cause and vice versa.
Malice is acting with improper purpose.
Damage to Plaintiff
Plaintiff must prove damages resulting from the prosecution.
Types of damages:
Damage to name/reputation
Damage to person (life or liberty)
Damage to property (expenses and charges)
Conclusion
Episode 5 covers the complex elements necessary for proving malicious prosecution.
Next episode will discuss the rule in Wilkinson v. Downton.
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