What is the test for appeal against a finding of guilty on the basis of circumstantial evidence?
British Columbia, Canada
The following excerpt is from R. v. J.F.D., 2005 BCCA 202 (CanLII):
The case against the appellants was entirely circumstantial. The law is clear that before a guilty verdict can be based upon circumstantial evidence, the court must be satisfied beyond a reasonable doubt that the guilt of the accused is the only reasonable inference to be drawn from the proved facts: see The Queen v. Cooper, 1977 CanLII 11 (SCC), [1978] 1 S.C.R. 860 at 881, (1977), 34 C.C.C. (2d) 18 at 33. In this case there was ample and compelling evidence from which the judge drew the reasonable inference that all three accused were guilty. In the circumstances, I would dismiss this ground of appeal.
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