What is the test to commit a person for trial?

Ontario, Canada

The following excerpt is from R. v. Manickavasagar, 2003 CanLII 25275 (ON SC):

There is no dispute that the test to be applied before committing a person for trial is whether there is some evidence “upon which a reasonable jury properly instructed could return a verdict of guilty” – see United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 at p. 1080. The role of the judge presiding at the preliminary hearing is set out in section 548(1) of the Criminal Code: “When all the evidence has been taken by the justice, he shall (a) if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or (b) discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction.”

Other Questions

What is a jurisdictional error for a preliminary hearing judge to commit a person to trial? (Ontario, Canada)
Does the term “to actual or anticipated end of trial” mean that the trial ended after a period of reserve time? (Ontario, Canada)
Is an equalization claim against a bankrupt spouse personalized and personalized? (Ontario, Canada)
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
What is the test for ordering a new trial after a civil jury trial? (Ontario, Canada)
What is the test for treating a person who is personally named as a respondent in a medical malpractice case? (Ontario, Canada)
Does bad faith and personal benefit play a role in determining personal liability? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
What are the consequences of a personal injury claim being awarded personally against a lawyer? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.