What is the test for a directed verdict of acquittal?
Alberta, Canada
The following excerpt is from R. v. Floris, 1988 ABCA 261 (CanLII):
However, the test for a directed verdict of acquittal is whether a properly instructed jury could find the necessary elements of the crime in the evidence presented. Neither the trial judge (nor this court) is to try to weigh or assess the quality of the evidence: Mezzo v. R. (1986) 1986 CanLII 16 (SCC), 27 C.C.C. (3d) 97, 102-04 (S.C.C.); Monteleone v. R. (S.C.C. 17 Sept. ‘87). The Respondent alleges that the approach to ownership outlined above is not consistent with the theory advanced by the Crown at trial. But even if that were so, in my view the remedy would not be a directed verdict of acquittal.
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