Thursday, January 24, 2013

Circumstantial evidence

R. v. Carpio,  2012 BCCA 484 is a useful source for the view that where there is a lot of smoke one can conclude there is a fire:


[25]         As was said in R. v. Jenkins (1908) 14 C.C.C. 221 (B.C.C.A.) at 230:


It is true that a man is not called upon to explain suspicious things, but there comes a time when, circumstantial evidence having enveloped a man in a strong and cogent network of inculpatory facts, that man is bound to make some explanation or stand condemned.


[26]         I consider this observation apposite in this case.


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