What is the test for committal in a motion for sexual assault?
Ontario, Canada
The following excerpt is from R. v. Hinds, 2010 ONCJ 746 (CanLII):
[4] The test for committal is whether there is any evidence upon which a properly instructed jury, acting reasonable, could convict; see United States of America v. Sheppard 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067, 30 C.C.C. (2d) 424.
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