What is the test on a preliminary inquiry for sexual assault?
Ontario, Canada
The following excerpt is from R. v. Williamson et al., 2014 ONCJ 578 (CanLII):
[14] The test on a preliminary inquiry, as set out in USA v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424, is whether there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. Where there is any admissible evidence which could, if it were believed, result in a conviction, the preliminary inquiry judge must commit the accused for trial.
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