Is a complete absence of evidence a ground for quashing a committal for trial?
British Columbia, Canada
The following excerpt is from R. v. Kopan, 1975 CanLII 218 (BC CA):
I should add that counsel for the appellant submitted that this court has previously held that a complete absence of evidence is a ground for quashing a committal for trial. He apparently was able to persuade Kirke Smith J. that that was so. He referred to Regina v. Robinson, on appeal from a decision of Munroe J. to this court, the judgment having been delivered on 29th March 1975 (unreported). He referred also to a case of Regina v. Smith, the judgment having been rendered on 22nd April 1974 (unreported).
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