Circumstantial Evidence

Question 1

What is circumstantial evidence?

Answer 1

Evidence that may prove a fact by inference. It may also be referred to as indirect evidence

Question 2

What is the difference between direct and indirect evidence?

Answer 2

Direct evidence is evidence which proves an element of an offence. Indirect evidence does not alpne prove an element of the offence but allows other reasonable inferences to be drawn.

Question 3

When is circumstantial evidence relevant and what is the test at each stage?

Answer 3

1. At the time of its admission into evidence.
   Test: s55 evidence act if it were accepted could it rationally affect directly or indirectly the assessment of the probability of a fact in issue.
2. At the prima facie stage:
   Test: is there an inference to be drawn consistent with guilt.
3. At the end of the case (to prove the offence beyond reasonable doubt)

Test: at the end of the case is whether the only reasonable inference available is the inference of guilt.

Question 4

What is the relevance of Torrance v Cornish?

Answer 4

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

Question 5

In proving a matter beyond reasonable doubt is the issue of whether the prosecutipn have excluded all other reasonable inferences a matter of fact or law?

Answer 5

Question of fact

Question 6

In a circumstantial evidence case is the test subjective or objective?

Answer 6

Objective. Magistrate must look at whether there is any other reaaonable hypothesis from the view of a reasonable person

Question 7

What should you do in the preparation stage of running a circumstantial hearing?

Answer 7

Pfennig v the queen and the Queen v bayden clay:
You should identify any other hypothesis which is consistent with innocence and where possible eliminate such hypothesis.

Question 8

What does proof of guilt mean in a circumstantial evidence case?

Answer 8

Prosecutor will seek to persuade the court that the accused is guilty of the offence owing to an inference that can be drawn by virtue of the existence of other facts which taken in combination give rise to no reasonable inference other then the accused’s guilt.

Each piece of evidence does not need to be proved bryond reasonable doubt. It is the totality of all the evidence that is required to be proved bryond reasonable doubt.

Question 9

What is the process of proof beyond reasonable doubt?

Answer 9

1. Basic fact: an individual piece of evidence about a fact.
2. Intermediate fact: single basic fact or combination of basic facts. Whuch go gonna element or proof of the offence.
3. Ultimate inference of guilt: a combination of intermediate facts proof beyond reasonable doubt.

Question 10

Can a case be proven beyond reasonable doubt entirely on circumstantial evidence?

Answer 10

Barca v the queen: when the case against the accused person rests substantially upon circumstantial evidencd the jury cannoy retueb a verdict of guilty unless the circumstances are such as to be inconsistent with any reasonable hypothesis other than the guilt of the accused.

Peacock v king: an inference of guilt may properly be drawn although any particular primary facf or any concatenation of primary facts falling short of the whole would be insufficient to exclude other inferences

Question 11

What is shepherd v the queen authority for?

Answer 11

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