R v Galbraith

The test for a submission of no case to answer at the end of the prosecution case.

Citation
[1981] 1 WLR 1039
Court
Court of Appeal (Criminal Division)
Year
1981
Subject
English Legal System
Topic
Criminal justice, evidence and appeals

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.

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