Establishing Guilt Solely on Circumstantial Evidence
Facts in issue cannot always be proved by direct evidence alone. “Usually, witnesses testify as to what they personally saw or heard. For example, a witness might say that he or she saw it raining outside. That is called direct evidence. Sometimes, however, witnesses say things from which you are asked to draw certain inferences. For example, a witness might say that he or she had seen someone enter the courthouse lobby wearing a raincoat and carrying an umbrella, both dripping wet. If you believed that witness, you might infer that it was raining outside, even though the evidence was indirect. Indirect evidence is sometimes called circumstantial evidence.” 10.2 of the Model Jury Instructions prepared by the National Committee on Jury Instructions of the Canadian Judicial Council It has become standard in Canada for the trial judge, in the course of the instructions to the jury, to explain to the jury the difference between direct and circumstantial evidence. This instr...