In Queensland, malicious prosecution provides redress for an abuse of process. An abuse of process occurs when a person acts with malice and without reasonable and probable cause to wrongfully set the law in motion.
If you are facing criminal charges and suspect an element of malicious prosecution, its in your best interest to seek legal advice as soon as possible.
Should you need an experienced team of litigation lawyers to assist you in a malicious prosecution matter, we can assist you. Gibbs Wright Lawyers are here to fight for you.
Elements of Malicious Prosecution
In order to successfully raise malicious prosecution, the plaintiff must raise the following elements:
- The defendant must be the prosecutor;
- The prosecution must have been groundless;
- It must have produced damage;
- It must have terminated favourable to the plaintiff, so far as such termination was possible.
- It must have been without reasonable and probably cause;
- It must have been malicious.