In a wholly circumstantial case resting solely on fingerprint evidence, the Crown must exclude the reasonable hypothesis that the fingerprints were placed on the items innocently, having regard to evidence of the accused's legitimate access to identical items. Where defence evidence of an innocent explanation is questioned but not ultimately challenged in cross-examination, and the Crown case is in narrow compass such that nothing turns on the jury's advantage of observing witnesses, the appellate court's deference to the jury verdict is attenuated. The Criminal Trial Courts Bench Book does not constitute an authoritative statement of the law.
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