In a wholly circumstantial murder case where the cause of death cannot be precisely established, the trial judge must direct the jury on the specific use that can be made of critical evidence going to intent, must warn the jury to scrutinise carefully the evidence of witnesses whose credibility is questionable and whose evidence is critical to intent, and must present the competing case theories with relevant evidence. Post-offence conduct (disposal of body, destruction of evidence, lies) is not capable, without more, of excluding rational inferences consistent with innocence of murder where death by natural causes is a real possibility.
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