Circumstancial Evidence

Question 1

What is direct evidence?

Answer 1

Direct evidence is what a witness says that he or she saw or heard or did.

Question 2

What is indirect evidence?

Answer 2

Circumstantial evidence is evidence which does not directly link a person to a crime, but a particular fact or collection of facts that may infer their guilt.

Question 3

What is the difference between direct and indirect evidence?

Answer 3

Direct evidence is not circumstantial
Indirect is circumstantial

Question 4

What is circumstancial evidence?

Answer 4

• Circumstantial evidence is evidence that may prove a fact by inference.
• It may be referred to as indirect evidence.

Question 5

What is the test the court applies for circumstantial cases?

Answer 5

Section 55 - relevant evidence
Section 56 - releveant evidence to be admissible

The test of admissibility of a piece of circumstantial evidence is then in the nature of the

`reasonably open to find test.’

The test at the time of admissibility is not a test on the balance of probabilities nor a test beyond reasonable doubt.

Question 6

What are the 5 Case Laws that relate to circumstancial cases? What is the summary of these Case Laws?

Answer 6

1. Shepherd v The Queen
2. The Queen v Baden-Clay
3. Barca v The Queen
4. DPP (Cth) v Neamati
5. Chamberlain v The Queen

Summary:
The test at the end of the case for the tribunal of fact is whether the only reasonable inference available is the inference of guilt. If one reasonable inference consistent with innocence has not been negatived beyond reasonable doubt, the defendant must be found innocent and acquitted.

Question 7

What are the 3 steps used for circumstancial cases?

Answer 7

Relevant at three stages;
* 1. At the time of its admission into evidence – S55 & S56 relevant + admissible
* 2. At the Prima Facie stage– Only need one rational reasonable inference of guilt
* 3. At the end of the case (BRD). – Only rational reasonable inference is consistent with guilt