What is the test for committal under section 548(1) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Surendran, 2015 ONCJ 833 (CanLII):
Before I examine the factual record, it is helpful to summarize the applicable legal principles that govern my jurisdiction sitting as a preliminary hearing justice. The combined effect of section 548(1) of the Criminal Code and the test in USA v. Sheppard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 (SCC), require a committal where there is any evidence upon which a reasonable jury, properly instructed, could convict. It is not a question of whether a properly instructed jury, acting reasonably, would infer guilt from the evidence adduced at a preliminary inquiry, only whether they could do so.
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