Circumstantial Evidence

Question 1

What is circumstantial evidence?

Answer 1

Evidence that may prove a fact by inference.

Question 2

What’s another name for circumstantial evidence?

Answer 2

Indirect evidence.

Question 3

Three stages of relevance?

Answer 3

1. At the time of its admission into evidence
2. At the Prima Facie stage, and
3. At the end of the case (BRD)

Question 4

Does each piece of evidence need to prove accused’s guilt BRD?

Answer 4

No

Question 5

What is required to be proved BRD?

Answer 5

The totality of all of the evidence.

Question 6

Whats the process of proof of Beyond reasonable doubt? BIU

Answer 6

1. Basic fact: An individual piece of evidence about a fact.
2. Intermediate fact: A single basic fact or a combination of basic facts - which go to an element or proof of the offence.
3. Ultimate inference of Guilt: A combination of intermediate facts - Proof BRD.

Question 7

case on if there is another rational option the Court must aquit?

Answer 7

Barca v The Queen.
Jury cannot come to a verdict of guilty unless the circumstances are ‘such as to be inconsistent with any reasonable hypothesis other than the guilt of the accused.”

Question 8

Peacock v The King?

Answer 8

If the ifnerence of guilt is the only inference open to a reasonable man (objective test) then the bare possibility of innocence should not prevent jury from conviting.

Question 9

Shepherd v The Queen?

Answer 9

One circumstance alone is not enough to prove an offence, however taken together they are strong enough to constitute the offence.
Links in chain, strands of cable.

Question 10

Case on Prima Facie test?

Answer 10

Torrance v Cornish.
Prima Facie case exists even if one available inference from the circumstantial evidence is the guilt of the accused.
Magistrate should not find no case to answer after prosecution case, in such a circumstantial case.

Question 11

Whether prosecution has excluded every reasonable hypothesis is a question of what?

Answer 11

Fact

Question 12

What must Magistrate look at when asked to decide upon circumstantial evidence, what must they look at?

Answer 12

Whether there is any other reasonable hypothesis.

Question 13

Is the test on wether there is any other reasonable hypothesis objective or subjective test?

Answer 13

Objective, or view from a reasonable person.

Question 14

Three conclusion points?

Answer 14

1. Test at stage of admissibility is whether it is reasonably open to find the evidence is relevant.
2. THe test at prima-facie is whether there is an inference to be drawn consisten with guilt.
3. The test at the end of the case is whether the only reasonable inference available is the inference of guilt.