In a circumstantial case, the trial judge considering a no case submission must assume all prosecution evidence is accurate and draw all inferences most favourable to the prosecution; it is not the judge's function to choose between competing inferences or to assess whether hypotheses consistent with innocence are reasonably open. The s 350(1a) reservation procedure is available in Commonwealth criminal matters tried in State courts and does not infringe s 80 of the Constitution because the acquittal verdict is unaffected.
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