Can a judge withdraw a case from the jury where the evidence is weak or flawed?

British Columbia, Canada


The following excerpt is from R. v Christhurajah, 2017 BCSC 60 (CanLII):

Mezzo v. The Queen, 1986 CanLII 16 (SCC), [1986] 1 S.C.R. 802, was a case dealing with an application for a directed verdict based on weak or flawed evidence of identification. The majority held (as set out in the headnote): A trial judge is not entitled to withdraw a case from a jury where there is admissible evidence which could, if believed, result in a conviction, notwithstanding the frailties of the evidence. It is not the trial judge's function to weigh or consider the quality of the evidence. The weight that should be given to evidence, like questions of credibility, are matters for the jury only. In the case at bar, there was direct evidence of identification and the case should have been left to the jury with a proper caution.

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