The ‘air of reality’ test governs whether a defence should be put to the jury. That test provides that the determination of putting a defence to the jury is based on “whether there is evidence on the record upon which a properly instructed jury acting reasonably could acquit”:
When a Trial Judge must put a Defence to the Jury: the Air of Reality Test
R. v. Cinous, 2002 SCC 29,
About the Author: Stuart O'Connell
Stuart O'Connell works in association with the Firm.