Kara Sears
A 'no case' submission is a legal motion made by the defence in a criminal trial after the prosecution has presented its case. The defence argues that the prosecution's evidence is insufficient or does not support a finding of guilt, and requests that the court dismiss the charge without the need for the defence to present its case. The judge or magistrate assesses the submission by evaluating whether the prosecution's evidence, viewed in the most favourable light, could lawfully support a guilty verdict. If the 'no case' submission succeeds, the judge directs the jury to find the accused not guilty. However, if it fails, the defence proceeds to present its case to the jury. The success of a 'no case' submission depends on the strength of the prosecution's evidence and the court's evaluation of its sufficiency to support a conviction.
| Characteristics | Values |
|---|---|
| When is it made? | After the close of the prosecution case in a criminal contested hearing |
| Who makes it? | The defence |
| What is the basis? | The prosecution case does not support a finding of guilt |
| What is the outcome? | The court dismisses the charge without the defence having to present a case |
| Who assesses it? | A judge or magistrate |
| What is the criteria for assessment? | Whether the prosecution evidence could support a finding of guilty |
| What is considered during assessment? | All evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions |
| What is not considered during assessment? | Evidence that contradicts or explains the prosecution case or evidence that supports the defence case |
| What if it succeeds? | In a jury trial, the jury is brought back and the judge directs them to find the accused not guilty |
| What if it fails? | The defence presents its case to the jury |
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What You'll Learn
- No case submissions are made when the defence argues that the prosecution's case doesn't support a guilty finding
- The prosecution's evidence is assessed by a judge or magistrate to determine if it could support a guilty finding
- In a jury trial, a no case submission is made when the jury is not present in the courtroom
- If a no case submission is successful, the jury is brought back and the judge directs them to find the accused not guilty
- A no case submission will not succeed if a guilty finding on the prosecution's evidence may be unsafe or unsatisfactory
No case submissions are made when the defence argues that the prosecution's case doesn't support a guilty finding
A 'no case submission' is a legal term that applies to criminal matters. It is made by the defendant in a contested criminal matter after the close of the prosecution case. No case submissions are made when the defence argues that the prosecution's case does not support a guilty finding. The defence may make a no case submission when the prosecution case is weak, either because there is no evidence to prove the offence or because the evidence is insufficient to support a conviction.
The 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 guilt. The court must consider all the evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions. However, the court does not have to consider evidence that contradicts or explains the prosecution case or evidence that supports the defence case. A no case submission will be successful if the prosecution case, taken at its highest, is insufficient to support a finding of guilt.
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 them to find the accused not guilty. If the no case submission fails, the defence then presents its case to the jury.
It is important to note that a no case submission is not a determination of whether the accused ought to be found guilty but rather whether the court could lawfully find them guilty. A no case submission should only succeed if the evidence could not reasonably support a finding of guilt.
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The prosecution's evidence is assessed by a judge or magistrate to determine if it could support a guilty finding
The prosecution process can be long and complex, involving many different people, from investigators and prosecutors to court staff, the defendant, and their legal team. A 'no case' submission is made when the defence argues that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence presenting its case.
A 'no case' submission should only succeed if the evidence could not reasonably support a finding of guilt. In other words, the prosecution's evidence is assessed by a judge or magistrate to determine if it could support a guilty finding. The judge or magistrate does not need to consider whether the accused ought to be found guilty based on the prosecution's case but whether the court could lawfully find them guilty. The court must consider all the evidence called by the prosecution, including what has been said by any prosecution witnesses during cross-examination. However, the court does not have to consider evidence that contradicts the prosecution's case or supports the defence's case.
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, and the judge directs them to find the accused not guilty. If the 'no case' submission fails, the defence presents its case to the jury. If a decision is appealed, the court of appeal will not consider the correctness of the decision made on a 'no case' submission. Instead, it will consider the evidence in its entirety, including the defence's case, and determine whether the evidence supported the verdict.
The prosecution must prove its case to the criminal standard of beyond reasonable doubt. The prosecutor should present arguments and a fair summary of the evidence proving the defendant guilty beyond a reasonable doubt. They may argue all reasonable inferences from the record but should not knowingly misstate the evidence or argue inferences they know are not supported by the record. The prosecutor should avoid any reference to the defendant's decision not to testify and should not imply special or secret knowledge of the truth or witness credibility.
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In a jury trial, a no case submission is made when the jury is not present in the courtroom
In a jury trial, a no-case submission is made when the jury is not present in the courtroom. This typically occurs after the prosecution has closed its case, and the defence argues that the prosecution's evidence does not support a finding of guilt. The defence requests that the court dismiss the charge without the need for them to present their case.
The judge or magistrate assesses the submission by considering whether the prosecution's evidence could support a guilty finding. They must view the evidence in the most favourable light reasonably open to the court. The prosecution's evidence is assessed on its own merits, without considering contradictory evidence or that which supports the defence. The judge or magistrate is not concerned with whether the accused ought to be found guilty but whether the court could lawfully make such a finding.
If the no-case submission succeeds, the jury is brought back into the courtroom, and the judge directs them to find the accused not guilty. However, if the submission fails, the defence then presents its case to the jury. It is important to note that if a decision is appealed, the court of appeal will not review the correctness of the no-case submission decision. Instead, it will consider the entirety of the evidence, including the defence case, to determine if the evidence supported the verdict.
A no-case submission should only succeed if the evidence could not reasonably support a finding of guilt. The test for a no-case submission is different from that of an appeal, where the verdict is assessed as 'unsafe or unsatisfactory'.
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If a no case submission is successful, the jury is brought back and the judge directs them to find the accused not guilty
A 'no case' submission is made when the defence argues that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence having to present its case. A no-case submission should only succeed if the evidence could not reasonably support a finding of guilt. In other words, the prosecution's evidence must be able to support a guilty finding when viewed in the most favourable light reasonably open to the court.
In a jury trial, a no-case submission is made when the jury is not in the courtroom. If the no-case submission is successful, the jury is brought back, and the judge directs them to find the accused not guilty. The judge or magistrate need not consider whether the accused ought to be found guilty but only whether the court could lawfully find them guilty.
When deciding on a no-case submission, the court must consider all the evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions. However, the court does not need to consider evidence that contradicts or explains the prosecution's case or supports the defence's case.
If a no-case submission fails, the defence then presents its case to the jury, and the trial proceeds as if the submission had not been made. If a decision is appealed, the court of appeal will not consider the correctness of the no-case submission decision but will consider the entirety of the evidence, including the defence case, and whether the evidence supported the verdict.
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A no case submission will not succeed if a guilty finding on the prosecution's evidence may be unsafe or unsatisfactory
A ''no case' submission is made when the defence considers that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence having to present a case. This submission is made after the close of the prosecution case in a criminal contested hearing in either the Magistrates Court or the District Court for an indictable matter. In a jury trial, a 'no case' submission is made when the jury is not in the courtroom.
A 'no case' submission will only succeed if the evidence could not reasonably support a finding of guilt. The 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 guilt. The prosecution evidence is assessed based on whether it supports a finding of guilt if accepted and is not manifestly self-contradictory or the product of a disorderly mind.
Therefore, a 'no case' submission will not succeed if a guilty finding on the prosecution's evidence may be unsafe or unsatisfactory. This is because the test for a 'no case' submission is different from the test in an appeal against conviction, which is whether the verdict is 'unsafe or unsatisfactory'. In other words, a 'no case' submission will not succeed merely because a guilty finding on the prosecution's evidence may be unsafe or unsatisfactory and may be overturned on appeal.
If the 'no case' submission fails, the defence then presents its case to the jury. The court of appeal will not consider whether the decision made on a 'no case' submission was correct. Instead, it will consider the evidence in its entirety, including the defence case, and determine whether the evidence supported the verdict.
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Frequently asked questions
A 'no case submission' is made when the defence argues that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence needing to present its case.
A 'no case submission' can be made in a contested criminal matter after the close of the prosecution's case. In a jury trial, a 'no case submission' is made while the jury is out of the courtroom.
If the 'no case submission' succeeds, the jury is brought back into the courtroom and the judge directs them to find the accused not guilty. If it fails, the defence presents its case to the jury.
