What is the test for a preliminary inquiry judge under s. 548(1) of the Criminal Code?
Manitoba, Canada
The following excerpt is from R. v. Hunnigham, 2013 MBPC 72 (CanLII):
The question to be asked by the preliminary inquiry judge under s. 548(1) is whether or not there is any evidence upon which a reasonable jury, properly instructed, can return a verdict of guilty. (United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067)
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