What is the test for a verdict of first degree murder based primarily on circumstantial evidence?
Manitoba, Canada
The following excerpt is from R. v. Whiteway (B.D.T.) et al., 2015 MBCA 24 (CanLII):
A verdict of first degree murder based primarily on circumstantial evidence is not unreasonable merely because other inferences may be possible on the evidence, so long as planning and deliberation are proven beyond a reasonable doubt (The Queen v. Mitchell, 1964 CanLII 42 (SCC), [1964] S.C.R. 471 at 478-79).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a convicted murderer to be convicted of first degree murder? (Manitoba, Canada)
In a motion for directed verdict, in what circumstances will the trial judge not have considered the evidence of Timothy? (Manitoba, Canada)
Can a net discount rate of 4% based upon the evidence that was tendered at trial be altered? (Manitoba, Canada)
What is the standard for establishing that there is evidence that there was prior to and at the time of the murder, and that the accused was a party to the crime? (Manitoba, Canada)
Is a failure to admit or deny relevant evidence a breach of natural justice? (Manitoba, Canada)
In what circumstances will the court award damages for loss of income based on historical pay equity? (Manitoba, Canada)
What is the current state of the law on murder in circumstances of duress? (Manitoba, Canada)
What is the current state of the law on parol evidence? (Manitoba, Canada)
What is the test for evidence of fraud in an insurance claim? (Manitoba, Canada)
What background evidence is required in a variation proceeding? (Manitoba, Canada)
