What is the test for directing a directed verdict?

Ontario, Canada


The following excerpt is from R. v Kassam, 2016 ONSC 7885 (CanLII):

The test to be applied on an application for a directed verdict is straightforward and well-settled. It was set out by Ritchie J. in the oft-cited decision in United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R.1067, at p. 1080: …whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. The “justice”, in accordance with this principle, is, in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction. (the “Shephard test”).

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