What is the test for committal for a sexual assault?
Ontario, Canada
The following excerpt is from R. v. Mendez and Wilson, 2019 ONSC 4645 (CanLII):
In determining whether there is sufficient evidence to go to a jury, a trial judge must apply the same test as is applied by a preliminary inquiry judge in determining committal for trial. That test, as articulated in United States v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.), is whether or not there is any evidence upon which a reasonable jury, properly instructed, could return a verdict of guilty.
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