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.
