A direction on circumstantial evidence that states 'if there is a reasonable possibility upon the whole of the circumstances proved then the accused is not guilty, then he is entitled to the benefit of that circumstance' does not require the jury to find that an alternative hypothesis actually occurred before having regard to it, provided the direction is read in context with other directions making clear that the Crown must exclude all rational hypotheses consistent with innocence. The case also illustrates the application of the M v The Queen test to a circumstantial murder case involving extensive financial and photographic evidence.
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