What is the test for committal in a sexual assault case?

British Columbia, Canada


The following excerpt is from British Columbia (Attorney General) v. Buller, 1995 CanLII 1694 (BC SC):

12 As the jurisprudence flowing from the majority judgment in The United States of America v. Sheppard (1976) 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.) demonstrates, the test to be applied at the committal stage is not one involving a high onus. The test for commital is usually described as being whether or not any evidence has been adduced upon which a reasonable jury properly instructed could return a verdict of guilty on the offence charged or an included offence.

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