Post-Offence Conduct : Criminal Law

The principle that Post-Offence conduct may constitute circumstantial evidence of guilt remains good law. At its heart, the question of whether such evidence is admissible is simply a matter of relevance. Evidence of post-offence conduct is not fundamentally different from other kinds of circumstantial evidence. In some cases it may be highly incriminating, while in others it might play only a minor corroborative role. As will all other evidence, the relevance and probative value of post-offence conduct must be assessed on a case-by-case basis.

Post-Offence conduct is not a neutral term that embraces any and all behaviour that occurs after a crime has been committed. It embraces only behaviour that is probative of guilt. Evidence of Post-Offence conduct will be relevant and admissible according to whether it has some tendency , as a matter of logic, common sense and human experience, to help resolve the issues in the case.

William Poulos, Barrister

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