What is the test for "reasonableness" in determining whether there is a reasonable argument that the evidence supports the allegation of sexual assault?
Ontario, Canada
The following excerpt is from R. v. Ng, 2018 ONSC 1520 (CanLII):
Moreover, the “reasonableness” of the various possibilities must be left to the trier of fact to determine. This “reasonableness” assessment is ultimately driven by the weight attributed to the various competing inferences having regard to the evidence as a whole. The weighing of competing inferences is very much an individual process, and an appeal court is required to defer: Mezzo v. The Queen, 1986 CanLII 16 (SCC), [1986] 1 S.C.R. 802. In other words, whether or not there is a rational explanation for the evidence other than the guilt of the accused, is a question for the trier of fact. Reasonable people may disagree.
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