What is the test a judge must apply on a directed verdict?

Nova Scotia, Canada


The following excerpt is from R. v. Beals, 2011 NSCA 42 (CanLII):

It has long been understood that the test a trial judge is to apply on a motion for a directed verdict is the same as that which an extradition judge or a judge at a preliminary inquiry must employ. In United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067, [1976] S.C.J. No. 106 (Q.L.) Ritchie, J., for the majority, wrote at p. 1080: I agree that the duty imposed upon a "justice" under s. 475(1) is the same as that which governs a trial judge sitting with a jury in deciding whether the evidence is "sufficient" to justify him in withdrawing the case from the jury and this is to be determined according to whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. The "justice", in accordance with this principle, is, in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction.

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