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7. General
principles of evidence
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Article
43-Circumstantial evidence
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| 43.1 |
Circumstantial evidence |
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Circumstantial (or implied) evidence is any combination of admissible physical and/or testimonial evidence which when taken as a whole implies the existence of further evidence which is unable to physically submitted at the time of proceedings. |
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| 43.2 |
Integrity of existence of circumstantial evidence |
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The essential rules of integrity of any circumstantial evidence in a Civil and/or Criminal matter are: |
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(i) That the date of obtaining and recording the evidence, or the act/event in question does not exceed the statutory limit of charges and/or cases been brought for such a civil or criminal offence; |
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(ii) That the testimony was obtained legally; |
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(iii) That more than three pieces of admissible testimonial or physical evidence must be in existence; |
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(iv) That the implied existence of evidence claimed in a statement of circumstantial evidence passes the test of possibility in that a reasonable person upon hearing the chain of evidence might consider such a chain to be possible taking into account restrictions of time, location and the laws of science. |
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