Area of Law – Practice and Procedure

An Article about No case submission in criminal matter

No case submission
After the close of the prosecution case, whether in a Magistrates’ Court hearing or trial in the County or Supreme Court, the defence can make a no case submission. A no case submission is an argument that, on the evidence led there is no case for the accused to answer. The question to be answered by the magistrate or judge is whether on the evidence as it stands the accused could lawfully be convicted. This is a question of law.

If as a matter of law there is no case to answer the Judge is obliged to direct the jury to return a verdict of not guilty.

Doney v The Queen (1990) 171 CLR 207

 

Date: 01/09/2009