Does the preliminary inquiry judge properly frame the case as circumstantial in nature?

Ontario, Canada


The following excerpt is from R. v Allison, 2016 ONSC 3073 (CanLII):

The preliminary inquiry judge properly framed the case as circumstantial in nature. Citing United States of America v. Sheppard (1977), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.), he said he was tasked with deciding whether there is “any evidence upon which a reasonable jury properly instructed could, not would, convict?” He also acknowledged that, “It is not for me…to weigh the evidence or make any assessment as to the reliability/credibility of witnesses.” Importantly, the preliminary inquiry judge said, “I am also aware of the law that any inference that can be drawn must be drawn in favour of the Crown and it is not for me to weigh the various inferences that can be drawn at the preliminary hearing stage.”

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