Adverse inferences Flashcards
1
Q
At what point do adverse inferences become relevant?
A
if the matter goes to trial
2
Q
Can the defendant be convicted solely on an AI?
A
No
3
Q
What is a s34 AI? (3) What is the condition for prosecution to use it?
A
Fact later relied on + would’ve been reasonable to mention + bearing in mind the circumstances at the time
Condition: caution
4
Q
What is a s36 AI? What is the condition for prosecution to use it?
A
Failure to account for mark, object or substance
Condition: special caution
5
Q
What is a s37 AI? What is the condition for prosecution to use it?
A
Failure to account for presence at the scene
Condition: special caution
