The Verdict Waiting Room #2

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Freya1977

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Sarah Elks ‏@sarahelks 35s

Justice Byrne asks the jurors to continue deliberating. They've been considering their verdict for more than 18 hours. #badenclay
 

Freya1977

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Jamie McKinnell ‏@jamie86 38s
#badenclay jury just returned to courtroom to revisit part of the judge's summary that explained circumstantial evidence @NewsTalk4BC


Marissa Calligeros ‏@marissa_sc 39s
Jury in #badenclay trial asked for Justice John Byrne to re-read his directions about a circumstantial case @brisbanetimes


Sophie Walsh ‏@sophie_walsh9 45s
Jury has left courtroom to continue deliberations @9NewsBrisbane #badenclay
 

Amee

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Kate Kyriacou ‏@KateKyriacou 33s

Jury has been sent back to continue with deliberations. #badenclay


:waiting:
 

PrimeSuspect

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FYI

Circumstantial evidence is evidence of circumstances which can be relied
upon not as proving a fact directly but instead as pointing to its existence. It
differs from direct evidence, which tends to prove a fact directly: typically,
when the witness testifies about something which that witness personally saw,
or heard. Both direct and circumstantial evidence are to be considered. 1.

To bring in a verdict of guilty based entirely or substantially upon
circumstantial evidence, it is necessary that guilt should not only be a rational
inference but also that it should be the only rational inference that could be
drawn from the circumstances.

If there is any reasonable possibility consistent with innocence, it is your duty
to find the defendant not guilty. This follows from the requirement that guilt
must be established beyond reasonable doubt.

1. A possible addition is: It is not necessary that facts in dispute be proved by direct evidence. They
may be proved by circumstantial evidence alone, by direct evidence alone, or by a combination of
direct and circumstantial: that is, both direct and circumstantial evidence are acceptable proof of
facts. So you should consider all the evidence, including circumstantial evidence.



http://www.courts.qld.gov.au/__data/assets/pdf_file/0008/86048/sd-bb-46-circumstantial-evidence.pdf
 

Freya1977

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Marissa Calligeros ‏@marissa_sc 39s
#badenclay jury requested: "Another reading of the application of circumstantial evidence to arrive at a verdict." @brisbanetimes

Katrina Blowers ‏@katrinablowers 59s
The #badenclay jury returned to ask judge to re-read his summary regarding circumstantial evidence and verdict. @7NewsBrisbane
 

Freya1977

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OK, I'm a bit worried that the jury is not clear on circumstantial evidence vs direct evidence at this point.
 

Freya1977

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Sophie Walsh ‏@sophie_walsh9 1m
Jury wanted to clarify meaning of circumstantial evidence @9NewsBrisbane #badenclay

Holy modsnip.....
 

squizzey1

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does anybody think they may be close but didn't know if they could convict on circumstantial evidence alone , oh I don't know , just muttering out loud
 

Freya1977

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Sarah Greenhalgh ‏@GreenhalghSarah 46s
Jury has just been re-read section of Judge's summary relating to "circumstantial evidence & arriving at a verdict" #badenclay @tennewsqld


Eammon Atkinson ‏@EAtkinson7 1m
#BadenClay jurors asks judge how they can use circumstantial evidence to reach a verdict. @7NewsBrisbane


Ten News Adelaide ‏@TenNewsADEL 1m
Jury continues to deliberate on day 20 of the trial of Gerard #BadenClay. The update on #TenNews 5pm
 
D

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Good morning, dear Websleuthers! I'm now here, finally. First I need :cup: or :coffeeup: or :coffeecup: or all together.

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............... And now right away to Justice for Allison!
 

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Amee

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Eammon Atkinson ‏@EAtkinson7 1m

#BadenClay jurors asks judge how they can use circumstantial evidence to reach a verdict. @7NewsBrisbane



#BadenClay judge: "Both direct and circumstantial evidence are to be considered." @7NewsBrisbane


#BadenClay judge: "It is not necessary that facts be proved by direct evidence." @7NewsBrisbane


BadenClay judge: "They may be proved by circumstantial evidence alone, by direct evidence alone, or by a combination of direct and (cont)


(cont) circumstantial: that is, both direct and circumstantial evidence are acceptable proof of facts." #BadenClay


#BadenClay judge to jury: "So you should consider all the evidence, including circumstantial evidence." @7NewsBrisbane

#BadenClay judge: "Importantly, to bring in a verdict of guilt based entirely, or substantially, on circumstantial evidence ... (cont)


BadenClay judge to jury:"If there is any reasonable possibility consistent with innocence, it is your duty to find the Accused not guilty."
 

KG1

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Just a quick note - tonight on ABC 1 Four Corners program, Rosie Batty is being interviewed. Rosie is the mother of Luke Batty, who was cruelly killed by his father in front of people at a football oval in Tyabb Victoria, earlier this year. She is a remarkable woman, and there was an intervention order against the father at the time of this horrendous crime. Well worth watching IMO.
 

UnfoldingTruth

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does anybody think they may be close but didn't know if they could convict on circumstantial evidence alone , oh I don't know , just muttering out loud

:laughing: mutter away... I am thinking similar. I wondered if they were close, but need to double check things regarding circumstancial evidence. I am glad they are being thorough- even though its difficult to wait and even more harrowing for Allisons loved ones. My thoughts with them again today as they wait.
 

samanthaj

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OK, I'm a bit worried that the jury is not clear on circumstantial evidence vs direct evidence at this point.


I am very worried that they still think that it matters one way or another whether evidence is circumstantial or not. They need to consider all evidence (both direct and circumstantial), the fact that they are trying to make a distinction concerns me!
 

Freya1977

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Eammon Atkinson ‏@EAtkinson7 1m

#BadenClay judge: "It is not necessary that facts be proved by direct evidence." @7NewsBrisbane
#BadenClay judge: "Both direct and circumstantial evidence are to be considered." @7NewsBrisbane
 

Thinking

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Eammon Atkinson ‏@EAtkinson7 1m

#BadenClay jurors asks judge how they can use circumstantial evidence to reach a verdict. @7NewsBrisbane



#BadenClay judge: "Both direct and circumstantial evidence are to be considered." @7NewsBrisbane


#BadenClay judge: "It is not necessary that facts be proved by direct evidence." @7NewsBrisbane

I actually feel they are close but needing to be absolutely sure. This is a huge decision they are making ...... and it is huge deciding such a thing on only circumstantial evidence, I would certainly be feeling the pressure and would need some reassurance. I hope I'm right but I do believe they are close now.....
 
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