Pleading Not Guilty and Criminal Trials (1:VII): Difference between revisions
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 07:26, 8 August 2024
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=== 4. Preliminary Inquiry === | === 4. Preliminary Inquiry === | ||
A Preliminary Inquiry is held before a Provincial Court judge. The primary purpose of a preliminary inquiry is to determine whether or not there is sufficient evidence to put the accused on trial. Whether or not there is sufficient evidence is measured on a low threshold. The test is “whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty” ([https:// | A Preliminary Inquiry is held before a Provincial Court judge. The primary purpose of a preliminary inquiry is to determine whether or not there is sufficient evidence to put the accused on trial. Whether or not there is sufficient evidence is measured on a low threshold. The test is “whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty” ([https://canlii.ca/t/1mx51 ''USA v Shephard'' [1977<nowiki>]</nowiki> 2 SCR 1067]). If the judge determines that there is sufficient evidence then the accused will be ordered to stand trial; if the judge finds that there is not sufficient evidence, the accused will be discharged. | ||
Although the primary purpose of the Preliminary Inquiry is to determine if there is sufficient evidence to meet the threshold test for committal, the historical secondary purpose of defence counsel using the Preliminary Inquiry process to discover and test the case remains important. ([https://canlii.ca/t/frsf5 ''R v Rao'' 2012 BCCA 275] at paras 96-98). | |||
== C.The Trial == | == C.The Trial == | ||