What is the test for inculpation of an accused person?

Ontario, Canada


The following excerpt is from R. v. Whitteker, 2019 ONCJ 180 (CanLII):

[58] It is not necessary, however, that the trier of fact negative every possible conjecture, no matter how irrational, fanciful, or speculative, which might be consistent with the innocence of the accused. The following language summarizes this principle: In the inculpation of an accused person the evidentiary circumstances must bear no other reasonable explanation. This means that, according to the common course of human affairs, the degree of probability that the occurrence of the facts proved would be accompanied by the occurrence of the fact to be proved is so high that the contrary cannot be reasonably supposed. (Martin v. Osborne (1936), 55 C.L.R. 367 (H.C.), at p. 375, cited with approval by Cromwell J. in Villaroman, at para. 40)

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