header-logo header-logo

16 August 2019 / Victor Smith
Categories: Features , Criminal , Procedure & practice
printer mail-detail

Guilt from circumstance: a matter of inference

Victor Smith looks at when inference can result in conviction
  • Circumstantial evidence relies for its effect on inference.
  • Inference takes many forms including sole inference; inferred knowledge; attributed knowledge; inferred identity; inference from silence; inferred intent; inferred actions and state of mind; inferred deception; and inference from lack of evidence. These are examined below.

Circumstantial evidence relies for its effect on inference. It can be conclusive, but, as Lord Normand observed in R v Teper [1952] AC 480, [1952] 2 All ER 447, it may be fabricated and should be narrowly examined: ‘Joseph commanded the steward of his house, “put my cup, the silver cup, in the sack’s mouth of the youngest,” and when the cup was found there Benjamin’s brethren too hastily assumed that he must have stolen it. It is also necessary before drawing the inference of the accused’s guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference.’

In R (Patterson) v RSPCA [2013]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll