Can you convict someone on circumstantial evidence




















William Jaksa is an experienced criminal lawyer from Toronto. For over ten years he has helped his clients, challenging evidence and protecting their rights. He understands the procedures and requirements for evidence to be collected, used, and challenged in court. Contact William Jaksa for your consultation. Sep 30, Evidence. May 10, Evidence. Mar 19, Evidence.

Feb 4, Evidence. Dec 3, Evidence. Plea Deal , Toronto Criminal Lawyer. In an attempt to clear the high number of cases currently awaiting trial in the Ontario Courts, the government has created a new guilty plea certificate system that incentivizes those accused to plead guilty by providing legal representation for a guilty plea.

Criminal Trials. A summary offence is considered a less serious offence and comes with less severe penalties if you are convicted. DUI Attorney. November 18, Circumstantial Circumstantial evidence provides evidence that could infer the person is linked to the accused activity. Circumstantial as Corroborating Evidence Because circumstantial evidence requires inference, it is not always as strong in proving guilt on its own.

Take an armed robbery as an example: The victim, who experienced the robbery is the leading witness and provides direct evidence. To illustrate this, we can use two examples relating to burglary. Burglary can be committed in quite a few different ways, but the most common allegation is that a person entered a building as a trespasser and stole something that did not belong to them. David breaks into a home; he is seen by a neighbour who calls the police. When the police arrive they arrest David inside the house, he has jewellery in his bag and was intent on stealing more valuables This is a classic case of burglary, with direct evidence of David being in the property and having stolen something.

A neighbour hears a house alarm and goes to investigate. Upon seeing a man David acting suspiciously further down the street, the neighbour apprehends the man.

When the police arrive, they discover that David has jewellery, which is traced back to a local house that has been burgled. In this case, there is no direct evidence that David entered the property, which is a vital element of the offence of burglary. However, if there are a number of different pieces of circumstantial evidence, they have more weight when taken together. For example, in a theft case, if the defendant was seen in the area at the time of the theft, their fingerprints were found at the scene of the crime and they were found with a large sum of money that they could not explain, the court would be more likely to convict.

If you have a question about this topic you can contact the Citizens Information Phone Service on 07 Monday to Friday, 9am to 8pm. You can also contact your local Citizens Information Centre or Request a call back from an information officer. Introduction Circumstantial evidence is evidence of facts that the court can draw conclusions from. Rules Generally, circumstantial evidence can be admitted in court.



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