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| Patrick Ducharme |
The end result of a preliminary inquiry could be an order of discharge of the accused. This occurs when the court is of the opinion that there is insufficient evidence to put the accused on trial for the offence charged or for any other indictable offence in respect of the same transaction. The presiding Justice may order that the accused be put on trial either for the offence charged or any other indictable offence in respect of the same transaction. Section 548 provides the statutory test for an order to stand trial where, in the opinion of the presiding Justice, the evidence is “sufficient”. In the United States v. Sheppard the court provided the classic description of the test: if there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. This also is the test for ordering extradition or for withdrawing a case from a jury on an application for a directed verdict.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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