Trial 4 Flashcards
What are the three broad options available to the defence upon the close of the prosecution’s case?
- Make a No Case Submission.
- Rest his case on the prosecution’s case.
- Enter into his own defence.
What is a No Case Submission?
It is an allegation by the accused that the prosecution has failed to establish any case for him to answer, thus there is no need to open his defence.
When can a No Case Submission be made?
- When the prosecution has failed to prove an essential element of each alleged offence.
- When the prosecution’s evidence has been discredited during cross-examination.
- When the prosecution’s evidence is manifestly weak.
- Where there is no evidence linking the accused to the offence.
What must the court do after a No Case Submission is made?
The court must make a ruling on the No Case Submission, either upholding or overruling it, and must allow the prosecution to reply.
What happens if a No Case Submission is rightly upheld in the South?
It results in a discharge on the merits, and the accused will be acquitted and cannot be tried again for that offence.
What happens if a No Case Submission is wrongly upheld?
The prosecution has the right to appeal to a higher court, which may quash the acquittal and order a retrial.
What is the effect of a No Case Submission that is rightly overruled?
The accused will be called upon to enter his defence, and any incriminating evidence he presents may be admitted.
What is the implication of resting a case on that of the prosecution?
The accused adopts the prosecution’s evidence and the court may convict or acquit based on that evidence.
When should an accused rest his case on the prosecution’s case?
- When a No Case Submission was wrongly overruled.
- When the prosecution’s case is manifestly weak.
- When the prosecution’s evidence did not link the accused to the offence.
What is the difference between a No Case Submission and resting a case on the prosecution’s case?
A No Case Submission allows the accused to enter a defence if overruled, while resting the case means the accused has no further opportunity to call witnesses.
What does it mean for the accused to open his defence?
It means he is ready to lead evidence to disprove the prosecution’s case.
What options does an accused have when opening his defence?
- Remain in the dock and make a statement.
- Give sworn evidence from the witness box.
- Remain silent.
What is the effect of remaining silent during the defence?
The accused is deemed to have rested his case on the prosecution’s case, and the court can convict based on that.
What is the Ex-Improvviso Rule?
It allows the prosecution to call or recall witnesses at the end of the defence with leave of court, under certain conditions.
