What is the test for a jury to acquit in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v. Moore, 1996 CanLII 8391 (BC CA):
1976 CanLII 8 (SCC), 2 S.C.R. 1067, 30 C.C.C. (2d) 424. Shortly put, the principle stated in Sheppard was that the jury was not to be directed to acquit if there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. As is well known, this formula forecloses weighing the evidence by the trial judge. See: Mezzo v. The Queen, 1986 CanLII 16 (SCC), [1986] 1 S.C.R. 802 per McIntyre J. at 844.
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