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
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
No comments:
Post a Comment