The test for a directed verdict of acquittal at trial is the same as that for a committal for trial following a preliminary inquiry. That test was articulated in United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 in this way at p. 1080: … whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.
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