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

• 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?

Retired said:

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?

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iamwangdamin said:

UELEZEE KWA KINGEREZA ALAFU UTUULIZE SWALI KWA KISWAHILI ? PROBLEMAAAAAAAAA

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