Sufficiency

Question 1

Define circumstantial evidence

Answer 1

Circumstantial evidence is evidence forwarded by facts or circumstances which have an apparent relation to the crime and from which an inference may be drawn as to the guilt or innocence of the accused person

Question 2

Explain the cable analogy magicop

M - motive
A - ability
G- guilty intent
I - identification
C - conduct after the crime
O - opportunity
P - preparation

Answer 2

M - accused was motivated to commit crime through greed, revenge, malice etc

A - accused had the skills or strengths etc. necessary to commit the crime

G - accused acted with the intention of committing the crime E.G. A planned armed robbery

I - forensic evidence, dna, fingerprints etc identification

C - evidence that the accused has disposed of incriminating evidence, “laid low” etc

O - evidence that the accused was at or near the locus at the time or had privileged access etc

P - Evidence that the accused purchased a weapon/tools in in preparation to commit the crime

Question 3

Define a production

Answer 3

A production includes any liquid animal document article or other thing which is alleged to have some connection with the crime offence or incident under review

Question 4

Describe the moorov doctrine

Answer 4

The moorov doctrine relates to

Two or more crimes or offences which are committed by the same offender but with only one eye witness is available for each crime

Question 5

Describe the Howden principal

Answer 5

The Howden principle relates to 2 or more crimes or offences which I committed by the same offender and the circumstances of each of those crimes are so similar that it is possible that the accused may be convicted of each crime even when not identified by a witness in each case

must be identified in at least one case

Question 6

In relation to sufficiency of evidence what must be present to prove the guilt of an accused?

Answer 6

To prove the guilt of an accused there must be sufficient admissible evidence to prove beyond all reasonable doubt that the accused committed the crime or offence libelled

This involves the principle of corroboration which means that one piece of evidence must be backed up by another piece of evidence