What is the test for a Preliminary Inquiry in a sexual assault case?

Alberta, Canada


The following excerpt is from R. v. V.T.F., 2004 ABPC 60 (CanLII):

It is trite to say that at Preliminary Inquiry stage there must be some evidence presented that satisfies the test in The United States of America v. Sheppard, supra, on each and every element of the offence of which the accused is charged. There must be evidence of the actus reus and of the mens rea of the offence such that the Preliminary Inquiry judge can conclude that there is evidence upon which a reasonable jury, properly instructed, could convict the accused.

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