THE REPUBLIC vs. ISAAC NDASIE @ WOBETEKRAW

RULING The Law Relating to Submission of No Case The statutory basis for submission of no case is provided under Sections 173 and 271 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) as follows: Section 173 Where at the close of the evidence in support of the charge, it appears to the Court that a case is not made out against the Accused sufficiently to require the Accused to make a defence, the Court shall, as to that particular charge, acquit the Accused. Section 271 of the Act further provides that: The Justice may consider at the conclusion of the case for the Prosecution whether there is a case for submission to the jury, and if of the opinion that a case has not been made that the Accused has committed an offence of which the accused could be lawfully convicted on which the Accused is being tried, the Justice shall direct the jury to enter a verdict of not guilty and shall acquit the Accused. Submission of no case shall be upheld where the court takes ...