Tom Kark QC acts for the respondent in a case that further develops the case law in relation to what it means, when stated that the prosecution must prove its case.

On 21 July 2022 the Court of Appeal (Crim. Div.) delivered its reserved judgment in the case of Khan which had been argued on Friday 8 July.

The case revolved around the central issue of what it means when we say that ‘the prosecution must prove its case’ and the extent to which a trial judge is entitled/required to depart from the prosecution case theory and leave all the possibilities allowed for on the facts, even when not contended for (and even positively resisted) by the prosecution.

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