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,
By Stuart O'Connell|November 26th, 2016|Categories: Stuart O'Connell Criminal Blog, When a Trial Judge must put a Defence to the Jury: the Air of Reality Test|0 Comments
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