What is the proper procedure for a jury to acquit and discharge an accused in a sexual assault case?
Saskatchewan, Canada
The following excerpt is from R. v. Jobb, 1971 CanLII 801 (SK CA):
In Walker v. The King, 1939 CanLII 2 (SCC), [1939] S.C.R. 214, 71 C.C.C. 305, [1939] 2 D.L.R. 353, Duff C.J.C. said at p. 216: “The proper practice, where the trial judge decides that there is no evidence to go to the jury in the well understood meaning of those words, is to direct the jury to acquit and discharge the accused (Rex v. Comba, 1938 CanLII 7 (SCC), [1938] S.C.R. 396 at 397-8, 70 C.C.C. 205, [1938] 3 D.L.R. 719).”
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