Circumstantial Evidence

Question 1

What are the three relevant stages when circumstantial evidence is used?

Answer 1

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

Question 2

What is circumstantial evidence?

Answer 2

Circumstantial evidence is evidence that may prove a fact by inference.
Also known as indirect evidence.

Question 3

Proof of guilt is proved in what way with circumstantial evidence?

Answer 3

Each piece of evidence does not need to prove the accused’s guilt BRD.
It is the totality of all of the evidence that is required to be proved BRD.

Question 4

What is the three steps in proof BRD?

Answer 4

1. Basic Fact - 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 - A combination of intermediate facts - proof BRD.

Question 5

What does Barca v The Queen say about circumstantial evidence?

Answer 5

The jury cannot return a verdict of guilty unless the circumstances are to be such as to be inconsistent with any reasonable hypothesis other than the guilt of the accused.

Question 6

What does Shepard v The Queen say?

Answer 6

Circumstantial evidence often works like the strands of a cable. Each strand is not of sufficient strength to hold the weight, but the strands taken all together may be strong enough to hold the weight.

Question 7

What does Peacock v The King say?

Answer 7

The bare possibility of innocence should not prevent a jury from finding the person guilty, if the inference of guilt is the only inference open to reasonable men upon consideration of all the facts.

Question 8

What does Torrance v Cornish say about Prima Facie stage?

Answer 8

A prima facie case exists even if an available inference is the innocence of the accused, in a circumstantial case.

Question 9

What are the questions to answer to prove a circumstantial case BRD?

Answer 9

Have the prosecution excluded every reasonable hypotheses consistent with innocence? It is a question of fact.
Has the magistrate found a reasonable hypothesis other than guilt?
It is an objective test from a reasonable person.

Question 10

What is the test of circumstantial evidence at the stage of admissibility?

Answer 10

Is it reasonably open to find the evidence is relevant.

Question 11

What is the circumstantial evidence test at the Prima Facie stage?

Answer 11

Whether there is an inference to be drawn consistent with guilt.

Question 12

What is the test for circumstantial evidence at the end of the case?

Answer 12

Is whether the only reasonable inference available is the inference of guilt.