What is the test to apply in the context of sexual assault cases?
British Columbia, Canada
The following excerpt is from R. v. Carrie savoy, 1997 CanLII 2309 (BC CA):
The test to be applied was stated by Ritchie J. in The United States of America v. Sheppard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 at 1080 - whether or not there is any evidence upon which a reasonable jury, properly instructed, could return a verdict of guilty.
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