Kara Sears
Case law refers to law based on decisions made by judges in previous cases. In common law systems, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why past cases have been decided. In the absence of case law, there are no precedents for a court to refer to when deciding a case. In such situations, judges may refer to various types of persuasive authority, such as legal encyclopaedias, the published work of the Law Commission, or the American Law Institute. Additionally, in some cases, a ''no case' submission may be made, where the defence argues that the prosecution's case does not support a finding of guilt and requests that the charge be dismissed without presenting their case. This submission is successful if the prosecution's evidence, when viewed in the most favourable light, could not support a guilty verdict.
| Characteristics | Values |
|---|---|
| When can a 'no case' submission be made? | In a contested criminal matter after the close of the prosecution case. |
| Who can make a 'no case' submission? | The defendant or their defence. |
| When is a 'no case' submission successful? | When the prosecution case, taken at its highest, is insufficient to support a finding of guilt. |
| What is the test for a 'no case' submission? | Whether the evidence, taken at its highest, can support a verdict of guilty. |
| What does the judge or magistrate assess in a 'no case' submission? | Whether the prosecution evidence, when viewed in the most favourable light that is reasonably open to the court, could support a finding of guilt. |
| What does the court consider in a 'no case' submission? | All the evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions. |
| Can the court consider evidence that contradicts or explains the prosecution case? | No, but it can consider expert evidence called by the defence. |
| When should a judge withdraw the case from the jury and direct an acquittal? | When the quality of the identifying evidence is poor, unless there is other evidence that supports the correctness of the identification. |
| When must the court record a verdict of acquittal without calling the accused's defence? | When there is no evidence to prove the case levelled against the accused. |
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What You'll Learn
'No case to answer' submission
In criminal law, a "no case to answer" submission is made by the defendant after the close of the prosecution's case, in the absence of the jury. The 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 its case.
The test for a "no case to answer" submission is whether the evidence, taken at its highest, can support a verdict of guilty. The judge or magistrate assesses the 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's case or evidence that supports the defence's case.
A "no case to answer" submission should only succeed if the evidence could not reasonably support a finding of guilt. If the submission succeeds, the jury is brought back into the courtroom, and the judge directs the jury to find the accused not guilty. If the submission fails, the defence then presents its case to the jury.
In the Malaysian Syariah Court, a Sharia civil court, the defendant may make a "no case to answer" submission after the plaintiff has offered their evidence. This procedure is governed by Section 97 of the Criminal Procedure (Scotland) Act 1995.
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Insufficient evidence
In a criminal case, insufficient evidence means that the prosecution's proof lacks concrete, credible, or corroborative elements necessary to establish guilt beyond a reasonable doubt. This can include a lack of concrete evidence, credibility issues with witnesses, or the absence of corroborative evidence that ties the defendant to the crime. For example, in drug possession charges, the substance found may not be directly linked to the accused, or in theft or burglary cases, the presence of the defendant at the crime scene cannot be conclusively proven.
When deciding on a 'no case submission', the court assesses whether the prosecution evidence, when viewed in the most favourable light, could support a finding of guilt. The court considers 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's case or supports the defence's case.
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Judge's duty to stop the case
In a criminal trial, the prosecution must prove the case against the accused beyond reasonable doubt. If the prosecution's evidence is insufficient to support a finding of guilt, the defence can submit that there is "no case to answer". In such cases, it is the judge's duty to stop the case.
A 'no case' submission should only succeed if the evidence could not reasonably support a finding of guilt. The judge or magistrate need not consider whether the accused ought to be found guilty but only whether the court could lawfully find the accused guilty. 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. The court must consider all the prosecution evidence, including witnesses' answers to cross-examination questions. Expert evidence called by the defence may also be taken into account.
In the Malaysian Syariah Court, the defendant may make a submission that there is no case to answer after the plaintiff has offered their evidence. If the judge is satisfied that the prosecution's evidence is insufficient to justify convicting the accused, the judge should acquit the defendant and stop the trial.
In the United States, judges have a duty to hear all proceedings with patience and courtesy while disposing promptly of the business of the court. They should monitor and supervise cases to reduce or eliminate delays and unnecessary costs. The Code of Conduct for United States Judges includes guidance on the performance of official duties, including the requirement to uphold the integrity and independence of the judiciary and to perform duties fairly, impartially, and diligently. Judges should not allow their judgment to be influenced by family, social, political, financial, or other interests or relationships.
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Poor-quality identifying evidence
The judge or magistrate's role in these situations is crucial. They must assess whether the prosecution's evidence, when viewed in the most favourable light, could support a finding of guilt. This assessment considers all the evidence, including witness testimony during cross-examination, but excludes evidence that contradicts or supports the defence's case.
In the Malaysian Syariah Court, for instance, the defendant can submit that there is no case to answer after the prosecution has presented its evidence. The judge then decides whether to acquit the accused or allow the matter to be tried by a jury.
Similarly, in England, the High Court and the Court of Appeals follow the doctrine of stare decisis, where they are typically bound by their previous decisions. However, in rare cases, they can deviate, as seen in R v Jogee, where the Supreme Court overturned its precedent, acknowledging a misapplication of the law for nearly 30 years.
When it comes to identifying evidence, poor quality can arise from various factors, such as fleeting glimpses, observations made in challenging conditions (e.g., bad weather, poor lighting), or inconsistencies with subsequent evidence. In such cases, the judge should withdraw the case from the jury and direct an acquittal unless there is additional supporting evidence.
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No evidence to prove the case
In a criminal trial, the prosecution must prove the case against the accused beyond a reasonable doubt. If there is no evidence to prove the case against the accused, the court must record a verdict of acquittal without calling the accused's defence.
A 'no case' submission can be 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 its case. A 'no case' submission should only succeed if the evidence could not reasonably support a finding of guilt. The judge or magistrate must assess whether the prosecution evidence, when viewed in the most favourable light, could support a finding of guilt.
The core of any criminal case is evidence. Circumstantial evidence, also known as indirect evidence, does not directly prove a defendant's guilt but is evidence of another fact that can lead to the conclusion that the defendant is guilty. For example, a suspect in a crime was seen by a witness fleeing the scene on foot after a convenience store robbery. Circumstantial evidence does not directly prove that a defendant committed a crime, but "running away" from a crime scene is circumstantial evidence that they committed the robbery.
Several types of cases frequently encounter issues with insufficient evidence. For instance, in drug possession charges, the substance found may not directly link to the accused. In theft or burglary cases, the presence of the defendant at the crime scene cannot be conclusively proven. Self-defence claims may lack corroborative witness testimony or video evidence. Duress defences in criminal activities might not have sufficient proof to verify the defendant's claim.
In civil cases, the standard of proof is often called the "balance of probabilities", meaning that it must be proven that it is more likely than not that the elements of the civil wrong occurred.
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Frequently asked questions
A "no case" submission is when the defendant submits that there is "no case to answer" because the prosecution's case does not support a finding of guilt.
A "no case" submission can be made in a contested criminal matter after the close of the prosecution case.
The test for a "no case" submission is whether the evidence, taken at its highest, can support a verdict of guilty.
A judge or magistrate assesses a "no case" submission by asking whether the prosecution evidence, when viewed in the most favourable light, could support a finding of guilt.
The court considers all the evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions. The court does not have to consider evidence that contradicts or explains the prosecution's case or supports the defence's case.
