Is there any evidence in which a reasonable jury can return a verdict of guilty?
Ontario, Canada
The following excerpt is from R. v. Eickmeier, 2007 CanLII 18024 (ON SC):
On a preliminary inquiry, the court is to determine whether there is any evidence upon which a reasonable jury, properly instructed, could return a verdict of guilty: see United States of America v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 at 428 (S.C.C.). weighing competing inferences
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