A no case submission may be made before the close of the Crown case where the evidence in support of the charge has been fully presented. In a sexual assault trial wholly dependent on the complainant's evidence, the appropriate time is at the close of the complainant's evidence in chief. Defence counsel need not commence cross-examination or await the end of the Crown case before making such a submission. The 'continuation of conduct that eventuates in an act' formulation is not equivalent to the impermissible 'last act' test for criminal attempts.
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