Withdrawing a Case from a Jury

Today’s Court of Appeal decision in R. v. Masterson, 2008 ONCA 481 serves as a strong reminder that a case is not to be taken away from a jury except in the clearest of circumstances.

The Court writes:

[5] The issue on the directed verdict motion was whether there was some evidence upon which a properly instructed jury could reasonably convict. For purposes of this case, that issue translated into the following question – was the evidence favouring the Crown capable of establishing, on the criminal standard, that the respondent was the person who killed Godin?

[6] In deciding that issue, the trial judge was to take the case for the Crown at its highest and in doing so, it was incumbent upon him to resolve competing permissible inferences in favour of the Crown. That he did not do. On the contrary, he addressed the evidence on a piecemeal basis, weighed the various inferences individually and ultimately resolved them in favour of the respondent as opposed to the Crown.