Wednesday, October 14, 2009

Unreasonable verdict

Today's Court of Appeal decision in R. v. Samuels, 2009 ONCA 719 gives a good summary of the test for an unreasonable verdict:

[24]         The test for a court of appeal in deciding whether a jury verdict is unreasonable is well known:

The function of the court is not to substitute itself for the jury, but to decide whether the verdict is one that a properly instructed jury acting judicially, could reasonably have rendered.

See R. v. Yebes, [1987] 2 S.C.R. 168 at p. 184, citing R. v. Corbett, [1975] 2 S.C.R. 275 at p. 282. 
James Morton
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