Principle

CRIMINAL LAW – Evidence – Circumstantial Evidence – Onus on Accused to Rebut on Preponderance of Probabilities

Area of law
CRIMINAL LAW
Court
Supreme Court

Where circumstantial evidence points to the accused's guilt, the accused bears an evidential burden to rebut it on a preponderance of probabilities—not beyond reasonable doubt. This is a lower standard. The accused must provide a plausible alternative explanation or cast doubt on the prosecution's inferences.…

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