R v Galbraith
The test for a submission of no case to answer at the end of the prosecution case.
Facts
Mr Galbraith was charged with affray after a fight in a club in which a man was killed. At the end of the prosecution case, his counsel submitted that there was no case to answer, because the evidence identifying him as taking part was weak and inconsistent. The judge rejected the submission, and Mr Galbraith was convicted.
Legal principle
The Court of Appeal dismissed the appeal and set out the test for a submission of no case to answer. Lord Lane CJ said that if there is no evidence that the crime has been committed by the defendant, the judge must stop the case. Where there is some evidence, but it is of a tenuous character, the judge must stop the case if he concludes that the prosecution evidence, taken at its highest, is such that a jury properly directed could not properly convict on it. Where the strength or weakness of the prosecution evidence depends on the view to be taken of a witness's reliability, or other matters generally within the province of the jury, the case should be left to the jury.
Related cases on criminal justice, evidence and appeals
- Connelly v Director of Public Prosecutions [1964] AC 1254
- Murray v United Kingdom (1996) 22 EHRR 29
- R (Adams) v Secretary of State for Justice [2011] UKSC 18, [2012] 1 AC 48
- R (Hallam) v Secretary of State for Justice [2019] UKSC 2, [2020] AC 279
- R v Cooper [1969] 1 QB 267
- R v Cowan [1996] QB 373
- R v Davis [2008] UKHL 36, [2008] 1 AC 1128
- R v Dunlop [2006] EWCA Crim 1354, [2007] 1 WLR 1657
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
