Zainal v Chan Sin Mian Michael

False Imprisonment

Appellants claimed false arrest from the time they were taken to the CID.
Respondents argued no arrest occurred.
Arrest Definition: Compelling someone to accompany police officers constitutes arrest, even without physical restraint or formal declaration.
Trial judge's finding: Appellants were not compelled, but the Court of Appeal disagreed, stating the reality of the situation was that they were compelled.
Grounds for Arrest:
- Section 32(1)(a) of the Criminal Procedure Code allows arrest without a warrant if there is credible information or reasonable suspicion of involvement in a seizable offense.
- Information from Abdul Hannan provided credible information/reasonable suspicion.
Conclusion: Arrests were not wrongful due to reasonable suspicion based on available information.

Elements: Plaintiff must prove prosecution by defendant, favorable determination, lack of reasonable/probable cause, and malice.
Burden of Proof: The appellants bore the burden of establishing all four elements of the tort.
First two elements satisfied: Prosecution initiated by the first respondent and ended in acquittal of the appellants.
Reasonable and Probable Cause:
- Defined as an honest belief in the accused's guilt based on full conviction and reasonable grounds.
- The issue is whether the first respondent believed there was a case fit to be tried.
Statements: Voluntariness of statements is central.
- Appellants have to show on the balance of probabilities that the statements were not voluntarily made by them.
- The trial judge found the statements were voluntarily made.
There was the s 121 statement of Abdul Hannan that was sufficient to provide the first respondent with the reasonable and probable cause for the prosecution.
Malice: Motivated by improper and indirect considerations, not a desire to achieve justice; appellants failed to demonstrate malice.