BerkshireBlue
Well-Known Member
- Joined
- 19 Jan 2015
- Messages
- 4,002
It changed with the criminal justice bill about 17 years ago mate. Now it's based on the balance of probability.
1. Item A was in the empty room.
2. The accused entered.
3. The accused left.
4. Item A was later found to be missing.
5. Only the accused had entered the room in between item A being last seen & being noted as missing.
In the past they'd have needed eyewitnesses & the recovered item in the accused's possession with fingerprints etc, but now the accused can be convicted "On the balance of probability". )(
the issue here is in our case Item A is a stolen email so it doesn't exist in the case in the first place. So your story from above would be 1. there's an empty room, 2 the accused entered, 3 the accused left, 4 there's an empty room