CHAPTER 3: DEFENCES AVAILABLE FOR MALICIOUS

PROSECUTION CLAIMS
The following are the Justifications available for the Defendant:
1. Reasonable suspicion:
(1) There's a reasonable suspicion that the accused committed the offence for which
he was imprisoned.
(2) A reasonable or plausible cause can provide a comprehensive defence for the
plaintiff's prosecution.
2. Honest belief: An honest belief by the defendant of the plaintiff's guilt.
Illustration
John, the owner of the store, suspects Tom, one of his employees, of shoplifting. When
John calls the police with his concerns, they look into it but discover no proof of theft.
Despite this, John believes Tom is guilty and accuses him of a crime. Tom is detained
and charged with stealing.
3. When the prosecution is at the discretion or act as the officers of law.
4. Contributory Negligence: Instances wherein the plaintiff is at fault, are referred to as
such. Such an instance may occur when the plaintiff generates a malicious image by
deceptive conduct, which serves as the foundation for the prosecution and reasonable
suspicion of the claimed offence.
Illustration
A is said to have contributory negligence if he makes false comments to B that caused
B to assume that A had committed a crime.

5. Judicial authority/Judicial Immunity.

6. Statutory or lawful authority.

7. Preservation of the security of the state/country.

8. Statutory Bar