What is the test for a preliminary inquiry judge?
Canada (Federal), Canada
The following excerpt is from R. v. Deschamplain, [2004] 3 SCR 601, 2004 SCC 76 (CanLII):
22 Serré J. began her reasons, which were delivered orally, by correctly stating the proper legal tests and outlining the role of the preliminary inquiry judge. She noted that the test for sufficiency is whether there is any admissible evidence, whether direct or circumstantial, upon which a reasonable jury properly instructed could convict the accused. [See United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067, at p. 1080; Arcuri, supra, at para. 21.]
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