Finally, malice is an essential element in all actions for malicious prosecutions.67 Proof of probable cause makes out a prima facie case of malice,68 but this is not conclusive.

Malice is not in itself an act but a state of mind; it is an acting with wrong motives.69 Malice may consist of personal hatred or ill-will,70 or any improper purpose,71 or a reckless disregard of the rights of others.72