1 In the common law legal tradition, following the close of the prosecution case, an accused person is typically entitled to make an application that there is ‘no case to answer’. That is, taking the prosecution’s evidence at its highest, there is insufficient evidence upon which a conviction could be entered against them, a test that was pronounced in the seminal case of R v Galbraith, 1981, 1039. An affirmative finding upon such an assessment, ie that an accused person does have a case to answer, would result in the trial proceeding to the defence case, if any,...
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