At what point can the defence bring an "insufficient evidence" motion?

The motion for "insufficient evidence" is typically brought at the close of the Crown's case, especially when the defense has opted not to introduce any evidence of its own. This timing is crucial because, at this stage, the defense can argue that the prosecution has failed to meet its burden of proof. The defense is assessing whether the evidence presented by the Crown is sufficient to support a conviction beyond a reasonable doubt.

Bringing this motion at the close of the Crown's case allows the defense to challenge the viability of the prosecution's case without introducing conflicting evidence. If the judge agrees with the defense's assertion that the evidence is insufficient, the case can be dismissed at that stage without the need for the defense to present any evidence. This is a strategic move that focuses directly on the prosecution's shortcomings.

In contrast, if the motion were to be made after both sides have rested, it would be too late for the judge to rule based solely on the Crown's evidence without considering the defense's evidence as well. Similarly, bringing it after the opening statements or during cross-examination would not be appropriate since the Crown has not yet fully presented its evidence for the defense to assess. Therefore, the timing of the motion being brought at the close of the Crown