In circumstantial drug supply cases, the prosecution must exclude reasonable alternative hypotheses as to who physically delivered the drugs. Where the accused is never seen with the drugs, there is no forensic connection, and another person was the last known possessor, the hypothesis that the other person delivered the drugs is not excluded merely because the accused was present at the scene and received a receipt token. Drug dealing is a sphere of activity in which the jury cannot be expected to have experience of 'the common course of human affairs', which limits the inferences that can be drawn about rational behaviour in such transactions. A prosecution that confines its case to a narrow basis at trial cannot seek a retrial on a different basis if the conviction is set aside.
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