CLP Submission of no case to answer

Question 1

When must the application be made (during the court process)?

Answer 1

1. After prosecution’s evidence - prosecution has evidential burden. They must make representations
2. In absence of a jury (CC)

Question 2

Structure for submission

Answer 2

Test is found in R v Galbraith: the court MAY acquit the defendant…

1. Where there is no evidence that the crime has been committed by the defendant;

OR

2. Where prosecution evidence taken at its highest, is such that a properly directed jury could NOT properly convict on it
   - inherently weak / vague
   - credibility of witness open for question
   - inconsistent with other evidence