What is the test for a directed verdict in a sexual assault case?

New Brunswick, Canada


The following excerpt is from R v Bonnell, 2012 NBQB 395 (CanLII):

In R. v. Chartrand L’Heureux-Dubé J. explained the rule in general terms at paragraph 67: In Mezzo v. The Queen, 1986 CanLII 16 (SCC), [1986] 1 S.C.R. 802, the majority applied the test set out in Shephard to directed verdicts, and concluded that, although a case is made up of purely circumstantial evidence, where there is some evidence going to each of the essential elements of the offence, the question of weighing the evidence and deciding the ultimate issue should be left to the trier of fact. That was the test that the trial judge had to apply to the facts of this case, which I will now review.

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