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No Case Submission

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  Best Practice // Offshore Law “Regina v Childs”“Regina v Childs”“Regina v Childs”“Regina v Childs” This exercise asks students to take part in a contested submission of “no case to answer”. The submission of “no case to answer” will be made by the Defence (Counsel who represent the accused - the “Defendant”). The Crown (or Prosecution ) (who are attempting to prove that the Defendant committed the crime) will respond arguing that there is   a case for the Defence to answer. You will need to understand the law, consider the facts and compare the two to create your submissions. Legal MaterialsLegal MaterialsLegal MaterialsLegal Materials 1.1.1.1. What is a submission of “no case to answer”?What is a submission of “no case to answer”?What is a submission of “no case to answer”?What is a submission of “no case to answer”? Criminal offences are made up of essential elements which must be proved during trial by the Prosecution in order for a Jury to find a Defendant guilty of the crime he or she has been accused of committing. During a criminal trial, and once the Prosecution has closed its case against the accused, the Defence may present to the Judge arguments that the Prosecution has not adequately proved any or all of the necessary aspects of the offence due to the evidence presented and therefore that the Defendant must be acquitted (i.e. must not be convicted of the offence). This is a submission of “no case to answer”. 2.2.2.2. What do I have to show the Judge to support my argument that there is “no case to What do I have to show the Judge to support my argument that there is “no case to What do I have to show the Judge to support my argument that there is “no case to What do I have to show the Judge to support my argument that there is “no case to answer”?answer”?answer”?answer”? To put forward a submission of “no case to answer” the Defence will have to contest the Prosecution’s evidence on one of the following grounds (see Galbraith)  : ∞ PROBLEM 1—CRIMINAL LAW—LEGAL MATERIALS Guernsey // Jersey // Singapore // www.collascrill.com/moot Galbraith (1981)    The test for whether there is “no case to answer” has two limbs:   1. If there is no evidenceno evidenceno evidenceno evidence to prove an essential element of the office or that the alleged crime was committed by the Defendant then a submission of “no case to answer” should succeed.   2. If the evidence is so weakthe evidence is so weakthe evidence is so weakthe evidence is so weak that no reasonable jury could properly convict the Defendant of having committed the crime then a submission of “no case to answer” should succeed.    Best Practice // Offshore Law 2.12.12.12.1 No evidenceNo evidenceNo evidenceNo evidence This may arise in cases where witnesses are unreliable in Court or the evidence is largely circumstantial (meaning that the prosecution are asking the Jury to convict on what could be inferred from the evidence given rather than what the evidence actually presents). 2.22.22.22.2 Weak evidenceWeak evidenceWeak evidenceWeak evidence If the Prosecution’s evidence is so weak that the Judge could not direct a Jury that they could convict the Defendant of the offence a submission of “no case to answer” will succeed. If the strength or weakness of the Prosecution’s evidence depends on whether or not a witness would be deemed reliable then a Judge should allow the Jury to decide the case and a submission of “no case to answer” is likely to fail. It will be the job of the Prosecution to argue that the evidence is sufficiently strong to enable a Jury to convict the Defendant of the offence. In cases such as these the Judge will decide whether or not a submission of “no case to answer” should succeed. The Judge will be considering the qualityqualityqualityquality and the reliabilityreliabilityreliabilityreliability of the evidence and both parties submissions. 3.3.3.3. Identification evidenceIdentification evidenceIdentification evidenceIdentification evidence Identification evidence is, quite simply, evidence which can help identify the Defendant. It can take many forms such as visual identification by witnesses, fingerprinting, DNA samples, voice recognition, photographs, CCTV etc. Reliability of evidence is important in cases of identification. Just because a person describes seeing an individual similar to the Defendant on the day of the offence does not mean he was responsible! You have probably all experienced seeing someone you know in the street, waving to them or saying hello and suddenly realising it’s not the person you thought it was. It’s an honest mistake. In cases of weak identification evidence it’s important to consider whether there is any other evidence that can support the identification.  Turnbull (1977) Turnbull (1977) Turnbull (1977) Turnbull (1977)    Where the Prosecution’s case is based upon identification evidence which is poor and there is no other evidence to satisfactorily support the identification, the Judge should direct the Jury to acquit the Defendant (i.e. there is no case to answer).   Guernsey // Jersey // Singapore // www.collascrill.com/moot  Best Practice // Offshore Law 4.4.4.4. What should I look for when I am considering the evidence?What should I look for when I am considering the evidence?What should I look for when I am considering the evidence?What should I look for when I am considering the evidence? How reliable is the evidence that has been given? What is the strength of the evidence? What are the weaknesses of the evidence? Is the evidence vague? Are there any inconsistencies or contradictions? How certain is the witness of the evidence they are giving? Is the evidence logical? If there is identification evidence, how accurate is the identification? 5.5.5.5. What could be the outcome?What could be the outcome?What could be the outcome?What could be the outcome? If a submission of “no case to answer” succeeds, the Judge will direct the Jury to acquit the Defendant. If the submission fails, the Jury will never know that submissions of “no case to answer” were made and the trial will continue. Guernsey // Jersey // Singapore // www.collascrill.com/moot
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