What is the test for reasonable doubt in a circumstantial case?
Ontario, Canada
The following excerpt is from R. v Buttazzoni, et al, 2015 ONSC 6411 (CanLII):
In considering the whole of the evidence in a circumstantial case, and in particular during the search for alternative “innocent” explanations, other than the prosecution’s theory of guilt, the court is not limited to inferential explanations based on “proven facts” but rather may take into account, as to whether reasonable doubt exists, alternate rational possibilities grounded in the evidence: R v. Ukwuaba (supra) at para. 99.
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