Relevance, Social Context and Poverty

Abstract

It is not uncommon in drug importation trials or other cases involving financial gain for the Crown to introduce evidence of the accused's general financial circumstances and then ask the jury to engage in inductive reasoning - to use their common sense to draw the inference that the accused had a motive to commit the offence because he or she was poor. This is what occurred in R v Mensah (2003) 9 Criminal Reports (6th) 339.This case comment explores the dangers of using common sense and experience to guide relevance assessments and why social context evidence is necessary in order to increase the likelihood that informed and reasonable inferences will be drawn from the evidence.

Keywords: Evidence, Inductive Reasoning, Circumstantial Evidence, Criminal Law, Canada, Poverty, Social Context Evidence