What is the test for a judge to determine “sufficiency” in assessing the evidence in a criminal case?
British Columbia, Canada
The following excerpt is from United States v Jawanda, 2009 BCSC 1974 (CanLII):
The assessment of sufficiency involves a holistic appraisal of the case. “Extradition judges have the discretion to disregard evidence which is unreliable or unavailable and in respect of the evidence that remains to determine by an assessment of the evidence, including a limited weighing of the evidence, whether it is sufficient for a properly instructed jury acting reasonably to reach a verdict of guilty in Canada.” However, it would be extremely rare for an extradition judge to enter into an assessment of credibility as that is a question for the trier of fact: United States of America v. Graham, 2007 BCCA 345, at paras. 32 and 41.
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