What is the test for refusing to accept the verdict of a jury in a sexual assault case?

British Columbia, Canada


The following excerpt is from Vaillancourt v. Molnar, 2001 BCSC 1337 (CanLII):

Taggart J.A. stated in Penticton v. LeBlanc 1981 CanLII 431 (BC CA), [1981] 5 W.W.R. 289 (B.C.C.A.): ...it is for the jury to find the facts, while it is for the trial judge to rule on questions of law. That being so, it seems to me that a trial judge may refuse to accept the verdict of a jury only where he concludes that there is no evidence to support the findings of the jury or where the jury gives an answer to a question which cannot, in law, provide a foundation for judgement.

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