JSB171 Lecture Notes - Lecture 1: Voir Dire, Arson, Daryl Dawson
Document Summary
Issue: what circumstantial evidence would the crown wish to lead in the [murder] trial against. Dawson j @ [4]): contrasted with direct evidence: which is evidence of a person who witnessed the event sought to be proved (shepherd per dawson j @ [4]), like all other evidence, circumstantial evidence must be relevant (wilson). Also, must not infringe exclusionary rules, and is still subject to judicial discretion to exclude. It is possible to win a case entirely made up of circumstantial evidence (chamberlain). Wife had been arguing with husband, who police alleged shot her. Witnesses overheard wife say i know you want to kill me for my money. Why don"t you get it over with? these statements are otherwise hearsay but = ok to use as circumstantial evidence because court could infer a motive for killing. Assisted the choice between 2 explanations: accidental or deliberate (wilson): wife died bodysurfing with husband. Evidence that she was a good swimmer etc.
