Eleanor Lucas, under the instruction of our very own Mary Buxton recently represented a young man charged with robbery and possessing a bladed article. In this particular case, the defendant allegedly approached the two complainants, ages 14 and 15, in a park, threatened them with a machete, and stole items from them. The problem here was one of identification. One witness identified the defendant at the scene, and one of the complainants later picked him out of an identification parade. Eleanor was successful in having the complainants’ identity evidence excluded under Section 78 of the Police and Criminal Evidence Act because it was tainted. Eleanor successfully submitted a no case to answer on the remaining identification evidence at the conclusion of the Crown’s case, and the defendant was cleared of all three charges. The expression “no case to answer” refers to a situation in which a defendant seeks acquittal without having to submit a defence because the prosecution’s case is insufficient.
No case to answer
