Wednesday, December 21, 2011

Committal follows preliminary inquiry if there is some evidence from which an inference could reasonably be drawn

R. v. Pletch, 2011 ONCA 813 is another example of the principle that the test for committal following a preliminary inquiry is low:

[7]              The appellants submit that the preliminary hearing judge erred in finding that there was sufficient evidence upon which a properly instructed jury could reasonably infer there was an agreement between the appellants to murder Mr. Bowes and that the certiorari judge erred in failing to quash their committals on that basis. 
...

[9]              In our view the preliminary hearing judge properly concluded that there was some evidence from which an inference could reasonably be drawn that the appellants agreed together to, and intended to, go to Hanover to murder Bowes.  The fact that the evidence may also give rise to the other inferences suggested by the appellants is immaterial for these purposes.

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