The applicant, Darren John Pundyk, sought an order of certiorari to quash a committal order made by a preliminary inquiry judge, which required him to stand trial on charges of robbery with a handgun, possession of a break-in instrument, possession of a weapon for an indictable offence, and disguise with intent.
Pundyk argued that the preliminary inquiry judge exceeded jurisdiction by committing him despite an alleged absence of evidence on the essential element of identity.
The court reviewed the preliminary inquiry judge's decision, applying the "some evidence" test for committal based on circumstantial evidence.
The court found that there was sufficient circumstantial evidence from which a properly instructed jury could reasonably infer the applicant's identity as one of the robbers, and therefore, the preliminary inquiry judge did not act without jurisdiction.
The application for certiorari was dismissed.