Either case goes to jury so they can return a verdict of not guilty OR an outright acquittal
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What is the key case on this topic?
Galbraith
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What is the key test to be applied by TJ, under Galbraith?
TJ is to stop case where he decides P's evidence, taken at its strongest, is such that a jury properly directed couldn't properly convict upon it
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What 2 types of situations are distinguished in Galbraith?
(1) where there is no evidence that crime has been committed by D + (2) where there is tenuous evidence
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So where should TJ leave case to be tried by jury?
Where strength of P's evidence depends on view taken of witness' reliability/other matters within jury's province
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Give an example of where there should have been no case to answer
Grant: where only evidence against G was his DNA on a balaclava thought to be used by robber + found near crime scene (balaclava had other people's DNA on it)
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Where was there sufficient evidence to raise a case to answer?
R v FNC: DNA was directly deposited by offender in course of offence (he masturbated over woman on a train) - 10 years later this matched sample from another sexual assault
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What does Galbraith generally assume?
Witness credibility
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Which case warns against taking this assumption of credibility too far?
Shippey: "evidence should be assessed as a whole, not the plums separated from the duff"
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Other cards in this set
Card 2
Front
What is the key case on this topic?
Back
Galbraith
Card 3
Front
What is the key test to be applied by TJ, under Galbraith?
Back
Card 4
Front
What 2 types of situations are distinguished in Galbraith?
Back
Card 5
Front
So where should TJ leave case to be tried by jury?
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