Advocacy – Submission of no case to answer Flashcards
1
Q
A
2
Q
What is the purpose of a submission of no case to answer?
A
To argue that the prosecution has not met its burden of proof and that there is insufficient evidence to support a conviction.
3
Q
What is the first point to make in a submission of no case to answer?
A
Remind the court that theburden is on the prosecutionto prove the defendant is guilty and that all elements of the offence must be established.
4
Q
What is the second point to argue in this submission?
A
Argue that the prosecution’s evidence is insufficient for any reasonable court to convict, either due to failure to prove an element of the offence or because the evidence ismanifestly unreliable, making a conviction unreasonable.
