What is the test for committal in a preliminary inquiry case?
Ontario, Canada
The following excerpt is from R v Miazad, 2016 ONSC 5719 (CanLII):
The test for committal is well settled: is there any evidence on which a reasonable jury properly instructed could return a guilty verdict? A preliminary inquiry judge must commit the accused to stand trial “in any case in which there is admissible evidence which could, if it were believed, result in a conviction”: United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067, at p. 1080.
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