What's the standard of proof required at the submission of no case stage?
Asked by Stephen Antwi
Answers (2)
Michael Ofurum
Jun 27 2022
A no case is more like an application to the court stating that the plaintiff or complainant or prosecution as the case may be have not made out a case against the defendant. It follows that a no case submission does not require proof. It is only saying that based on the available evidence before the court, the defendant is still presumed innocent and should be discharged.
Amaka Ekwalor
Jun 07 2022
no proof is required at submission of no case. Since it is generally accepted principle is that the burden of proof is on the person who will fail if no evidence is adduced at all. Hence a no case submission entails that the party with the burden of proof have failed to prove his case either beyond reasonable doubt if it is in criminal litigation or at the balance of probabilities if it’s civil matters. Hence the standard of proof in a no case submission is that the accused will not prove his case or he may rest his case on that of the prosecution.
Related Questions
Join the Discussion on judy.legal
Answer questions, share your legal expertise, and engage with the community.
Open in judy.legal