What is the test for a conviction based on circumstantial evidence?

Alberta, Canada


The following excerpt is from R. v. Lavin, 1986 ABCA 132 (CanLII):

This conviction was based upon circumstantial evidence. It doesn’t have probative force demanded by Regina v. Cooper (1977) 1977 CanLII 11 (SCC), 34 C.C.C. (2d) 18. The learned trial judge accepted the circumstantial evidence and convicted the appellant. The appellant himself gave evidence. He denied any involvement. The learned trial judge did not deal directly with his evidence nor did he specifically reject his story. In convicting the learned trial judge impliedly rejected the appellant’s denial.

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