R v Wilson

JurisdictionNorthern Ireland
Judgment Date01 January 1975
Date01 January 1975
CourtCourt of Criminal Appeal (Northern Ireland)
(C.C.A.)
R
and
Wilson

Case for prosecution - Evidence adduced insufficient to satisfy trial judge of guilt beyond reasonable doubt - Whether accused entitled to be acquitted at close of prosecution case - Whether at that stage sufficient for prosecution to establish prima facie case.

There is no rule that a judge must accede to a submission of no case at the close of the Crown case unless at that stage the evidence for the prosecution has satisfied him beyond a reasonable doubt of the guilt of the accused. All that the prosecution has to do is establish a prima facie case. Thereafter when all the evidence is given the judge, as the tribunal of fact in a non-jury case must view the whole case and consider whether or not the Crown has proved the case against the accused beyond a reasonable doubt. This...

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1 cases
  • Chief Constable of Police Service of Northern Ireland v LO
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • February 2, 2006
    ...whether to grant an application for a direction remains that stated by Jones LJ in delivering the judgment of this court in R v Wilson (1975) NI 210 at 213: ’All the prosecution has to do is to establish a prima facie case, to adopt the expression used by Lowry LCJ in Rea's case. That is th......

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