What is reasonable and probable cause for an allegation of sexual assault?
British Columbia, Canada
The following excerpt is from Griffith v. Crown Counsel, 2000 BCSC 1395 (CanLII):
Lamer J. noted, at p. 639, that reasonable and probable cause was defined in Hicks v. Faulkner (1881), 8 Q.B.D. 167 at p. 171: ... an honest belief in the guilt of the accused based upon a full conviction, founded on 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 the accuser, to the conclusion that the person charged was probably guilty of the crime imputed.
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