Principle

CRIMINAL PROCEDURE — Retrial — When Retrial Will Not Be Ordered — Exercise in Futility

Area of law
CRIMINAL PROCEDURE
Court
Supreme Court

A retrial is not ordered if it would be futile. Futility arises where the evidence available, even if properly adduced, would not sustain a conviction. The court considers the strength of the prosecution's case. If the evidence is manifestly weak or the sole witness is…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in