Chemsha bongo kidogo kutoka case ya R v Galbraith on NO CASE TO ANSWER

[Retired]

No Case to Answer


In English criminal law, no case to answer refers to a situation in a trial where the defence argues that the prosecution's evidence is so weak or lacking that a reasonable jury, properly directed by the judge, could not convict the defendant. It allows the defence to request the judge to dismiss the case before the defence presents its own evidence.




The Two Elements of the Galbraith Test

When the prosecution finishes talking, the judge asks two simple questions:

• 1. Is there any proof at all?
  • If the prosecution has no evidence connecting the accused person to the crime (literally zero proof that they did it), the judge must throw the case out immediately. [1, 2]
• 2. Is the evidence so weak, thin, or scrambled that no sensible person could rely on it?

If there is some evidence, but it is so completely vague, contradictory, or muddled that even if you believed every single word of it, no reasonable jury could ever use it to find the person guilty, the judge must still throw the case out.

JE ELEMENTS HIZO MBILI ZIPO KATIKA PROSECUTION CASE YA LISU?

 

[iamwangdamin]

UELEZEE KWA KINGEREZA ALAFU UTUULIZE SWALI KWA KISWAHILI ? PROBLEMAAAAAAAAA

 

[Sisyphus]

Hazipo.

 

[August]

No Case to Answer


In English criminal law, no case to answer refers to a situation in a trial where the defence argues that the prosecution's evidence is so weak or lacking that a reasonable jury, properly directed by the judge, could not convict the defendant. It allows the defence to request the judge to dismiss the case before the defence presents its own evidence.




The Two Elements of the Galbraith Test

When the prosecution finishes talking, the judge asks two simple questions:

• 1. Is there any proof at all?
  • If the prosecution has no evidence connecting the accused person to the crime (literally zero proof that they did it), the judge must throw the case out immediately. [1, 2]
• 2. Is the evidence so weak, thin, or scrambled that no sensible person could rely on it?

If there is some evidence, but it is so completely vague, contradictory, or muddled that even if you believed every single word of it, no reasonable jury could ever use it to find the person guilty, the judge must still throw the case out.

JE ELEMENTS HIZO MBILI ZIPO KATIKA PROSECUTION CASE YA LISU?

Watu wameisha amua, kuwa wote tuwe division 4 au zero kabisa , maana mabega haya wezi kushinda kichwa.

 

[Retired]

UELEZEE KWA KINGEREZA ALAFU UTUULIZE SWALI KWA KISWAHILI ? PROBLEMAAAAAAAAA

Just skip the post kama inakuletea kichefuchefi cha kiingereza na Kiswahili.
Tumezoea kutumia lugha zote mbili

 

[Marcostilone]

Mahakama zetu huwa zinaogopa sana kufanya maamuzi magumu kwenye hatua hii ya no case to answer pale mtuhumiwa anapokuwa mtu mzito kama Lissu. Mara nyingi huwa wanajificha kwenye kichaka cha kuna kesi ya kujibu ili tu kumlazimisha Lissu aingie ulingoni kujitetea.

Hii huwa inafanyika ili mahakama isionekane imembeba mapema, lakini kiuhalisia, kigezo cha pili cha Galbraith kimeshatingishwa vibaya sana na upande wa utetezi.