What is the test for a summary conviction appeal?
Ontario, Canada
The following excerpt is from R. v. Johnson, 2005 CanLII 19777 (ON SC):
On a summary conviction appeal an appellate court must determine, on the whole of the evidence adduced at trial, whether the verdict is one that a “properly instructed jury, acting judicially, could reasonably have rendered.” (R v. Yebes (1987), 1987 CanLII 17 (SCC), 36 C.C.C. (3d) 417 (S.C.C.)
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