Submission of no case to answer

Question 1

Submission of no case to answer

Answer 1

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

Question 2

What is the test for submission of no case to answer?

Answer 2

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 the prosecution evidence taken at its highest, is such that a properly directed jury could NOT property convict on it

Question 3

Evidence is insufficient for any reasonable court to properly convict

Answer 3

• inherently weak / vague
• credibility of witness open for question
• inconsistent with other evidence

Question 4

What is the position if there is some evidence but it is tenuous?

Answer 4

a) If prosecution evidence taken at its highest is such that the jury could not properly convict = judge has a duty to stop the case

b) where prosecution evidence is such that its strength or weakness depends on view of a witness’s reliability or other matters within the province of the jury = judge should allow the matter to be tried by the jury