Submission of no case to answer

Question 1

What is a submission of no case to answer?

Answer 1

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.

Question 2

What is the outcome of a successful submission of no case to answer?

Answer 2

D’s case is dismissed and the verdict is directed as not guilty

Question 3

What 2 submissions should you make to the court on a submission of no case to answer?

Answer 3

1. Burden is on P to prove D’s guilt beyond reasonable doubt and that all elements of the offence are made out
2. Evidence P has adduced is insufficient for any reasonable court to convict.

Question 4

What are 3 ways to show that P has adduced insufficient evidence to convict?

Answer 4

1. P failed to prove an element of the offence
2. Evidence adduced (e.g. witness evidence) that is so insufficient/weak that no reasonable court could convict on it.
3. P cannot rely on adverse inference alone