STUDY UNIT 21

Question 1

CIRCUMSTANTIAL EVIDENCE:

Answer 1

circumstantial evidence is not provided by the direct testimony of eyewitnesses, but from the associated facts from which we may infer the facts in issue.

Question 2

CIRCUMSTANTIAL EVIDENCE IS THEREFORE…

Answer 2

circumstantial evidence is therefore often described as evidence that requires the court to draw inferences or conclusions.

Question 3

the danger in circumstantial evidence:

Answer 3

the danger in circumstantial evidence is that there may be other inferences that can be drawn from the facts.

Question 4

R v Blom, the Court held two cardinal rules of logic:

Answer 4

1. the inference sought to be drawn must be consistent with all proved facts.
2. the proved facts should be such that they exclude every reasonable inference from them save the one sought to be drawn.

Question 5

there are many circumstances that many create inferences of an accused’s guilt, including:

Answer 5

• the accused fleeing the scene
• the accused’s resistance to arrest
• the accused’s presence at the time and place of the crime
• the general conduct of the accused.