A "no case to answer" submission happens when the defense argues the prosecution's evidence is too weak to prove a crime, allowing the judge to dismiss the charges and acquit the defendant without a defense. [1, 2, 3]
Key Case Law
Key Case Law
- R v Galbraith [1981] 1 WLR 1039
- The Rule: This is the landmark case that set the standard two-limb test used across common law jurisdictions.
- The Test: The judge must uphold a "no case" submission if (1) there is no evidence the defendant committed the crime at all, or (2) the evidence is so weak, vague, or inconsistent that no fair-minded jury could ever convict on it. [1, 2, 3]
- Prosecutor v. Laurent Gbagbo and Charles Blé Goudé (International Criminal Court, 2019)
- The Rule: An example of a high-profile international tribunal upholding a "no case to answer" motion.
- The Outcome: The Trial Chamber granted the defense motion by majority decision and acquitted the defendants at the close of the prosecution's case due to a failure to meet the necessary evidentiary burden. [1, 2]
- Ibeziako v. Commissioner of Police (1963) 1 All NLR 61
- The Rule: A foundational decision in West African Commonwealth jurisprudence defining the scope of a no-case submission.