A submission of 'no case to answer' will succeed where the Prosecution's evidence, taken at it highest, is such that a properly directed jury could not convict upon it.

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A submission of 'no case to answer' is made by the defense at the close of the prosecution's case. If the evidence presented by the prosecution, when taken at its highest, is such that no reasonable jury could convict the defendant, then the judge may direct that the case be dismissed without the need for the defendant to present a defense. This is based on the principle that the burden of proof rests with the prosecution to prove their case beyond a reasonable doubt.

A Submission of 'No Case to Answer' Will Succeed Where