What is the test for a motion for directed verdict under 548.1 of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Ma, 2009 ONCJ 754 (CanLII):
[3] The question to be asked by a preliminary inquiry judge under 548.1 of the Criminal Code is the same as that asked by a trial judge considering a defence motion for a directed verdict, namely “whether or not there is any evidence upon which a reasonable jury properly instructed can return a verdict of guilty”. (United States v. Sheppard (1976) 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.). In other words, a preliminary inquiry judge must commit the accused to trial “in any case in which there is admissible evidence which could, if it were believed, result in a conviction.”
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