| 单词 | Reasonable and probable cause |
| 释义 | 合理而可能之原因 An honest belief in the guilt of the accused based on a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances which, assuming them to be true, would reasonably lead any ordinarily prudent and cautious man, placed in the position of an accuser, to the conclusion that the person charged was probably guilty of the crime imputed: Herniman v Smith [1938] AC 305, 1 All ER 1 (HL). In general, when the accused was in fact innocent, belief in his guilt is essential to the existence of reasonable and probable cause: Leibo v Buckman Ltd [1952] 2 All ER 1057 (CA). Such belief must at the date of the prosecution be based on grounds which, or some of which, are reasonable (Wershof v Cmr of Police for the Metropolitan [1978] 3 All ER 540), and arrived at after due inquiry (Brown v Hawkes [1891] 2 QB 718 (CA)). This must be determined by the prosecution as a question of fact and not of law: Herniman v Smith, supra. However, it is for the judge and not the jury, when there is a trial by a jury, to decide on the relevant facts whether there is reasonable and probable cause: Leibo v Buckman Ltd, supra. If the facts are not admitted or are disputed, it is the province of the jury to find for the judge what are the relevant facts known to the prosecutor before he made the charge, including the inferences to be drawn from them: Green v De Havilland (1968) 112 Sol Jo 766. |
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