What is the test for committal after preliminary inquiry?
Ontario, Canada
The following excerpt is from R. v. Summerfield, 2008 CanLII 22139 (ON SC):
The law is settled that the judge at a preliminary inquiry may not usurp the role of the trier of fact. The test for committal after preliminary inquiry is set out in United States of America v. Sheppard (1977), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.) at p. 427. The judge must determine “…whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.”
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