What is the role of a preliminary inquiry judge in determining guilt?
Ontario, Canada
The following excerpt is from Her Majesty the Queen v. Kuno, 2013 ONSC 7260 (CanLII):
The task of a preliminary inquiry judge is to determine whether there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. In cases of circumstantial evidence the court is allowed to conduct a limited weighing of the evidence, and ask whether the evidence if believed could reasonably support an inference of guilt. R v. Arcuri [2001] S.C.J. No. 21.
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