What is the test for a jury to dismiss a defence case?
Ontario, Canada
The following excerpt is from Chmielewski v. Niagara (Regional Municipality)Police Services Board, 2004 CanLII 4070 (ON SC):
As stated in Mazumber v. Ontario, [2002] O.J. No. 2977 at para. 13: It seems to me possible that, if the facts are established, a trial judge could find that at some stage in the prosecution, there was no longer a reasonable prospect of conviction. This would be based at least in part on the unreliability of the witness on which the prosecution rested. . .
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