What is the test to apply in an application for directed verdict?

Alberta, Canada


The following excerpt is from R. v. Boyle, 2001 ABPC 18 (CanLII):

The test to apply in an application for a directed verdict was described in its current articulation by Ritchie J. in United States of America v. Shephard 1976 CanLII 8 (SCC), [1977], 2 S.C.R. 1067 (herein “Shephard”) (at page 1080) as follows: “I agree that the duty imposed upon a ‘justice’ under s. 475(1) is the same as that which governs a trial judge sitting with a jury in deciding whether the evidence is ‘sufficient’ to justify him in withdrawing the case from the jury and this is to be determined according to whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. The ‘justice’, in accordance with this principle, is in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction.”

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