The Crown brought an application for certiorari with mandamus in aid to quash the discharge of the respondents on various criminal organization and conspiracy charges following a preliminary inquiry.
The Crown argued the preliminary inquiry judge committed jurisdictional errors by failing to consider the evidence as a whole, failing to test the evidence against the essential elements of the offences, and improperly weighing competing inferences.
The Superior Court of Justice dismissed the application, finding that the preliminary inquiry judge properly assessed the sufficiency of the circumstantial evidence and that any alleged errors in assessing sufficiency were within his jurisdiction and not subject to prerogative review.
