What is the effect of no case submission?
When a no case submission is made, it basically means that the defendant is asking the court for an acquittal without it having to present a defence.
What is the purpose of a no case to answer submission?
When, at the close of the case for the prosecution, a submission is made that there is “no case to answer”, the question to be decided is not whether on the evidence as it stands the defendant ought to be convicted, but whether on the evidence as it stands he could lawfully be convicted.
Which case is used when the judge is ruling on a submission of no case to answer?
R v Galbraith
The case of R v Galbraith set out the test for the court to consider when hearing an application for ‘no case to answer’, and it remains good law today. The case says that such a submission should certainly be allowed when there is no evidence that a crime has been committed by the defendant.
What is the standard for a no case submission?
In a jury trial, a no case’submission is made when the jury is not in the courtroom. If the ‘no case’ submission succeeds, the jury is brought back into the courtroom and the judge directs the jury to find the accused not guilty. If the ‘no case’ submission fails, the defence then presents its case to the jury.
What happens if there is no evidence in a case?
Evidence can be physical evidence, such as a gun or a knife. Evidence can also come in the form of testimony by a witness. If the prosecutor is unable to produce evidence at trial, the State may not be able to prove its case and be forced to dismiss the charges.
Who can make a submission of no case to answer?
defendant
At the close of the prosecution’s case during a criminal trial, the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United States court).
When can a submission of no case to answer be made?
Introduction. A defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence.
When can a submission of no case to answer be made and what test is applied?
It is a principle of law that the Defendant may submit a no case to answer at the end of the Plaintiff’s case if the Defendant is of the view that: 1) The Plaintiff had failed to establish a case in law; or 2) The evidence that was led by the Plaintiff is so unsatisfactory or unreliable.
What are legal submissions in a trial?
In a court, the stage of presenting arguments is known as making “submissions”. Submissions are intended to persuade the court to find in your favour. They are usually made orally. A “submission” is just a coherent argument.
What happens when a case lacks evidence?
In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence. Insufficient evidence may even be grounds for appeal.
What is a no case submission in criminal law?
A no case submission is made when the defence considers that the prosecution case does not support a finding of guilt and that the court should dismiss the charge without the defence having to present a case.
What happens if you submit no case to answer?
If the submission of no case to answer does not succeed (i.e. the judge/magistrates think there is a case to answer) the trial will continue. Judges/magistrates are not obliged to give reasons for rejecting a submission of no case to answer. In the Crown Court, the jury will not be informed about the unsuccessful submission.
What happens when a no case submission is upheld?
In jurisdictions where the Criminal Procedure Law regulates criminal trial, whenever a no case submission is upheld, it will serve as a discharge on the merits and the accused will be acquitted.
How does a judge assess a no case submission?
A judge or magistrate assesses a no case submission by asking whether the prosecution evidence, when viewed in the most favourable light that is reasonably open to the court, could support a finding of guilty.