What is the test for reasonable and probable grounds in a sexual assault case?
Ontario, Canada
The following excerpt is from Magas v. Monette, 2002 CanLII 2663 (ON SC):
In Cellini v. Ontario (Attorney General) [2000], O.J. No. 180 1 at p. 7, Shaughnessy J. stated: Reasonable and probable grounds is defined as an honest belief in the guilt of the accused based upon a conviction founded upon reasonable grounds of an existence of a state of circumstances, which if true, would reasonably lead an ordinary, prudent and cautious person to the conclusion that the person charged was probably guilty of the crime imputed.
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