What is the legal test for making a reasonable inference or inference in the committal of an accused?
Ontario, Canada
The following excerpt is from R. v. Nguyen, 2012 ONSC 586 (CanLII):
The weighing of the evidence, while limited, is of great importance. Any inferences relied upon by the justice to commit the accused must be both reasonably based on the evidence heard at the preliminary inquiry and reasonable. As noted in R v. Munoz,[6] [S]uch inferences cannot be based on speculation, no matter how seemingly reasonable. If the committal of an accused depends on an inference or inferences that cannot be reasonably drawn from the evidence – the accused must be discharged as there would be an absence of evidence on an essential element.
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