When can a 'no evidence motion' be initiated by the defence?

A 'no evidence motion' can be initiated by the defense after the crown's case has been presented because this is the point in the trial where the defense evaluates whether the prosecution has presented sufficient evidence to support a conviction on the charges brought against the defendant. The purpose of this motion is to argue that even if the crown's evidence is taken as true, it does not establish the elements of the offense charged.

At the outset of the trial, it would be premature to file such a motion as the crown has not yet had the opportunity to present its evidence. Likewise, attempting to make a motion during jury deliberation would not be appropriate since the jury would not be considering the evidence presented at that point—they would merely be discussing their verdict. During the preliminary inquiry stage, the function is different; the focus there is on whether there is enough evidence for a trial, but that does not align with the timing or purpose of a no evidence motion in the trial context. Hence, the appropriate stage for a no evidence motion is indeed after the crown has fully presented its case.