Odger's English Common Law

178 ACTS CALCULATED TO PROVOKE A BREACH Of THE PEACE.
such evidence was regarded as an aggravation of the original
offence.
The Legislature, however, in the year 1843 came to the
conclusion that in certain circumstances and with certain
safeguards the defendant might be allowed to show in his
defence the truth of the charges which he had made. By
section 6 of Lord Campbell's Libel Act, 1843, 1 a defendant is
now permitted to plead that his words are true, provided he
also alleges that it was for the public benefit that his words
were published, and sets out the facts which made their
publication a benefit to the public. If a plea of this kind is
pleaded, the defendant will be entitled to give evidence of
the truth of his charges against the prosecutor; but such
evidence will not amount to a defence to. the indictment,
unless it was for the public benefit that such charges should
be made public. The defendant must prove every one of
his charges substantially true ;' if some of them prove to be false,
judgment will go against him, although he may have proved
the truth of others ; nor will it avail him that he honestly
believed them all to be true. 2 Where prima facie evidence
is given in proof of the justification, the onus will then be on
the prosecutor to disprove it, and his not calling witnesses,
whom he must be in a position to call and who will be friendly
to him, will be strong evidence against him. 3
If, however,
the defendant is ultimately convicted, the Court will consider
whether his guilt is aggravated or mitigated by his plea
of truth, and by the evidence given to prove or disprove the
same, and may increase or diminish the amount of the sentence
accordingly.
Other instances were discovered in which the criminal law
treated individuals who were really innocent with a severity
greater than the interests of the public required. Thus it
was the rule in both civil and criminal proceedings—and a
good and wholesome rule—that a master is liable for all acts
of his servant done in the ordinary course of that servant's
1 6 & 7 Vict. c. 96. See-indictment and plea, Nos. 10 and 10a, in the Appendix
2 See It. v. Xeionvui (1853), 1 E, & B. at p. 573.
3 R. v. ZabouoJiere (1880), 14 CnK 419.