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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll