The plaintiff, Dawson, a solicitor, had been charged by the defendant with conspiracy to defraud, in the form of collusion with a client and others to defraud the client’s creditors. When the charge was first laid, the only evidence available to the defendant was that of an accomplice which would require corroboration. Such other evidence only became available after he had been charged. Dawson was subsequently acquitted. The trial judge directed the jury that there was no evidence of reasonable and probable cause because the only evidence available at the time of charge was the uncorroborated evidence of the accomplice and the other material which supported the commission of the offence had only become available after Dawson was taken into custody.
Held: Evidence sufficient to make out a prima facie case was sufficient to establish reasonable and probable cause even if it was not sufficient evidence to convict. The direction was wrong: ‘An accomplice, or a tainted witness, may give evidence sufficient to make out a prima facie case, and warrant the preferring of a criminal charge, though it might not be sufficient evidence upon which to convict.’
Judges:
Cockburn CJ, Crompton and Blackburn JJ
Citations:
(1863) 11 WR 516
Cited by:
Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 06 May 2022; Ref: scu.448399