Evidence of Opportunity
Opportunity is the sine qua non of crime. Evidence which shows or tends to show that an accused was present at or near a place at or near the time an offence was committed is relevant, material and prima facie admissible. R. v. Doodnaught , 2017 ONCA 781, at para. 67. Where conduct occurs and the Crown alleges that a particular person did it personally, not through an agent or some other instrumentality, the person’s physical presence, within the proper range of time and place, is an item of circumstantial evidence that enhances the likelihood that the person with that opportunity – the accused – committed the offence. R. v. Doodnaught , at para. 66. However, evidence of bare opportunity to commit an offence is not, without more, sufficient to establish the guilt of an accused beyond a reasonable doubt. R. v. Yebes , 1987 CanLII 17 (SCC), [1987] 2 S.C.R. 168. Evidence of opportunity, insufficient on its own to establish guilt beyond reasonable doubt, may have a d...