Submission of no case to answer Flashcards
1
Q
What is a submission of no case to answer?
A
An application made after P has called their witnesses at trial. D argues that P has not presented enough evidence to amount to a prima facie case.
2
Q
What is the outcome of a successful submission of no case to answer?
A
D’s case is dismissed and the verdict is directed as not guilty
3
Q
What 2 submissions should you make to the court on a submission of no case to answer?
A
- Burden is on P to prove D’s guilt beyond reasonable doubt and that all elements of the offence are made out
- Evidence P has adduced is insufficient for any reasonable court to convict.
4
Q
What are 3 ways to show that P has adduced insufficient evidence to convict?
A
- P failed to prove an element of the offence
- Evidence adduced (e.g. witness evidence) that is so insufficient/weak that no reasonable court could convict on it.
- P cannot rely on adverse inference alone