Under what circumstance will an accused be discharged after a preliminary inquiry?

An accused will be discharged after a preliminary inquiry when the crown fails to lead any evidence on an essential element of an offence. The purpose of a preliminary inquiry is to determine whether there is sufficient evidence to support the charges and to proceed to trial. If the crown cannot present evidence that addresses a crucial element of the offence, it indicates that there is not a reasonable likelihood of conviction. This lack of evidence is critical because it undermines the prosecution's case at this early stage. Consequently, the judge is obligated to discharge the accused, as continuing with the case would not serve any legal purpose.

In contrast, situations where the defence presents overwhelming evidence or the judge deems the inquiry unnecessary do not automatically lead to a discharge based on the prosecution's burden to present its case. Additionally, plea deals typically occur after the preliminary inquiry or trial process and do not factor into the criteria for discharging an accused at this stage.