In a case dependent on circumstantial evidence, the judge would be required to withdraw the case if some inference other than guilt could reasonably be drawn from the facts proved: he should only withdraw it if he considered it unsafe for the jury to conclude that the defendant was guilty on the totality of the evidence. It is not the law that the prosecution must exclude all other possible inferences.
Citations:
[2004] EWCA Crim 2102
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 15 May 2022; Ref: scu.510095
