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Directed verdict wrongly granted after applying incorrect legal test.
The Crown appealed a summary conviction decision dismissing a charge of assault with a weapon after the trial judge granted a directed verdict at the close of the Crown’s case.
The trial judge applied the standard of proof beyond a reasonable doubt rather than the proper test for a directed verdict.
Applying the test from U.S.A. v. Shephard, the appeal court held that the correct inquiry was whether there was any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.
The record contained substantial circumstantial evidence identifying the respondent as the assailant, including possession of a knife with the victim’s blood and injuries consistent with the fight.
The appeal was allowed and a new trial ordered before a different justice.
Adjournment granted with full indemnity costs against the government for late filing and cavalier conduct.
The applicant sought an adjournment of its judicial review application because the respondent government failed to communicate its position until delivering its factum just days before the hearing.
The government also filed its own judicial review application at the last minute without a proper record.
The Divisional Court granted the adjournment and awarded costs to the applicant on a complete indemnity basis, finding the delay was entirely the fault of the government's cavalier approach.
