When does the Criminal Procedure Act require a court to enter a judgment of acquittal in an accused case, and on which ground?
General information · Not legal advice
Material to check
In the practice file we read the written indictment to see what conduct is charged, the record of evidence as it stands at the close of trial, and the written judgment for the ground on which the court acted.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a mandatory duty resting on two alternative grounds: where the accused case does not amount to a crime as a matter of law, or where the facts of the crime are not proved, the court must enter a judgment of acquittal and may not choose another outcome.
Another reading notes what the provision leaves open: it sets no standard for what state of the evidence means that proof is 'absent', and it says nothing about how a judgment should treat a case that fails on one ground in one part and on the other ground elsewhere.
Your judgment
Given the evidence at the close of trial, which ground fits the case, and how should the judgment make that ground clear on its face?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add, merge or distinguish its grounds for acquittal, or if a court decision explains when a court finds proof absent and how it states the ground in the judgment.