What is the test for a directed verdict at the preliminary hearing stage?
Ontario, Canada
The following excerpt is from R. v. Odette, 2007 CanLII 6903 (ON SC):
The test to be applied for the committal of the accused to stand trial at the preliminary hearing stage is the same as the test for directed verdicts as set out in the leading case of United States of America v. Shephard (1977) 1976 CanLII 8 (SCC), 2 S.C.R. 1067, 30 C.C.C. (2d) 424. That test is “whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. A motion for directed verdict of acquittal should not be granted in any case in which there is admissible evidence which could, if it were believed, result in a conviction.
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