Evidence of Post-Offence Conduct
A trier-of fact may draw reasonable factual inferences from the post-offence conduct of an accused. As with any kind of circumstantial evidence, the inferences to be drawn from post-offence conduct will depend on the nature of the conduct, the fact that is sought to be inferred from that conduct, the position of the parties, and the totality of the evidence. Inference drawing is situation-specific and is not amenable to a set of preset rules that categorize certain kinds of post-offence conduct as always relevant to, or never relevant to, a particular fact in issue. R. v. Figueroa, 2008 ONCA 106 , 232 C.C.C. (3d) 51 at para. 33: Evidence of an accused’s words and conduct after a crime has been committed may provide circumstantial evidence of an accused’s complicity in that offence. The inference involved looks backwards from the later words or conduct to the alleged conduct said to constitute the crime. No special rule applies to evidence of post-offence words or conduct: R...