Motions for non-suit

R. v. De Jaeger, 2014 NUCJ 04:

[4] The ultimate issue, guilt or innocence, is to be decided at the conclusion of all the evidence heard in a criminal trial. The Crown has now presented its case against the Defendant. The Defence alleges that in relation to these seven counts there is no evidence on an essential part of the charge alleged that must be proved in order for the Crown to secure a finding of guilt.

[5] If there is some evidence upon every essential element required to be proved in relation to these seven counts, evidence upon which a properly instructed trier of fact might reasonably convict, then I must deny the Defence application for non-suit. This is what the Court must now decide.

[6] My function on these seven motions is a limited one. I am not here to decide guilt or innocence. I am not here to assess the credibility of witnesses. I am not called upon at this stage of the trial to assess the ultimate reliability of the evidence in question. Nor am I here to decide if the Crown has met the burden of proof beyond a reasonable doubt. The standard of evidence required to pass the threshold of a no evidence motion is a very low one. Is there any evidence upon which a properly instructed trier of fact could reasonably convict? This is the test, and the only test, to be applied at this stage of the proceedings.