Conviction appeal on manslaughter charge. Circumstantial evidence. Trial judge applied the rule in Hodge’s Case in finding proof of identity.
Held: Appeal dismissed.
“All of the findings relied upon by the trial judge were supported by the evidence …The trial judge was alive to the test: where the evidence is circumstantial, guilt must be the only rational inference. This is an application of the test in Hodge’s Case, which points out that the circumstantial evidence must not only be consistent with guilt, it should be inconsistent with any other rational explanation.”
M. Stephensen – Defence Counsel