What is the test for establishing a permissive prima facie case in a sexual assault case?
Ontario, Canada
The following excerpt is from R. v. Martin, 2010 ONCJ 595 (CanLII):
[57] As stated above, in my June 19th, 2009 decision in Regina v. Martin, supra., I determined that at the close of its case, the prosecution had adduced some evidence of each essential element of the actus reus of the subject offence, upon which a reasonable jury, properly instructed could return a verdict of guilty. I therefore determined that the prosecution evidence had established a permissive prima facie case in respect of the subject charge.
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