Best Practice // Ofshore 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 Materials Legal Materials Legal Materials Legal 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
Prosecutions evidence on one of the following grounds (see Galbraith):

PROBLEM 1CRIMINAL LAWLEGAL MATERIALS
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Galbraith (1981)
The test for whether there is no case to answer has two limbs:

1. If there is no evidence no evidence no evidence no 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 weak the evidence is so weak the evidence is so weak the 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 // Ofshore Law
2.1 2.1 2.1 2.1 No evidence No evidence No evidence No 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).

2.2 2.2 2.2 2.2 Weak evidence Weak evidence Weak evidence Weak evidence

If the Prosecutions 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 Prosecutions 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 quality quality quality quality and the reliability reliability reliability reliability of the evidence and both parties
submissions.

3. 3. 3. 3. Identification evidence Identification evidence Identification evidence Identification 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 its not the person you thought it was. Its an honest mistake.



In cases of weak identification evidence its important to consider whether there is any other evidence
that can support the identification.
Turnbull (1977) Turnbull (1977) Turnbull (1977) Turnbull (1977)
Where the Prosecutions 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).

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Best Practice // Ofshore 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.
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