What is the test for determining if there is any evidence that a reasonable jury can return a verdict of guilty?
Ontario, Canada
The following excerpt is from R. v. Luciano, 2004 CanLII 36083 (ON SC):
The primary case for the test to be applied is The United States of America v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C.(2d) 424. That decision called for a court to look at whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.
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