What is the test to determine whether there is sufficient evidence to put the accused on trial?
Saskatchewan, Canada
The following excerpt is from R. v. Papequash, 2008 SKQB 292 (CanLII):
The test to determine whether there is sufficient evidence to put the accused on trial is the same test which governs a trial judge in deciding whether the evidence is sufficient to justify him in withdrawing the case from the jury, United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 at p. 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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