What is reasonable and probable cause in a sexual assault case?
Manitoba, Canada
The following excerpt is from R. v. Tennant, 2009 MBPC 20 (CanLII):
In another context in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 at page 193 reasonable and probable cause was defined as “an honest belief in the guilt of the accused based upon a full conviction, founded on reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would reasonably lead any ordinarily prudent and cautious man, placed in the position of the accuser, to the conclusion that the person charged was probably guilty of the crime imputed.”
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