Direct evidence is evidence presented by a witness that, if believed, establishes a fact in issue. With direct evidence the only decision involved is to determine if the witness is telling the truth and describing the event that she witnessed accurately. Direct evidence has an advantage over circumstantial evidence. If the Crown’s case is entirely or substantially based on circumstantial evidence, the Judge or jury must be satisfied beyond a reasonable doubt that the guilt of the accused is the only rational conclusion or inference that can be drawn from circumstantial evidence.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme’s Youtube Channel