Categories of Evidence

Direct Evidence

• Immediate observation of a fact
• Example: Witness sees an alleged offense being committed

Circumstantial Evidence

• Involves surrounding circumstances, not direct observation of the offense
• In criminal law, if a case is circumstantial, the jury must believe there is no reasonable hypothesis consistent with innocence
• If there is any other reasonable explanation, it constitutes reasonable doubt, and the accused must be acquitted

Plump's Case

Background

• Year: 1961
• Mr. Plump unhappy in marriage to Faye Plump
• History of violence towards Faye
• Mr. Plump had met a new partner
• Divorce was socially frowned upon during this time
• Mr. Plump falsely claimed he was a widower to his new partner

Key Events

• Two days before Faye Plump's death, Mr. Plump introduced his new partner to his children as their "new mummy"
• Mr. and Mrs. Plump went swimming at the Gold Coast
• Both were experienced swimmers
• Conditions were not dangerous

Incident

• Mr. Plump claimed both were pulled under by a wave
• He could not find his wife afterwards
• Faye's body was later found on the beach

Legal Proceedings

• Mr. Plump charged with her death
• Case was entirely circumstantial; no one witnessed the drowning
• High Court needed to decide if surrounding circumstances (new relationship, motive) were relevant circumstantial evidence
• Key issue: Was it safe for the jury to find no reasonable alternative hypothesis?

Chief Justice Dixon's Opinion

• Evidence of motive (Mr. Plump's desire to get rid of his wife) was crucial
• Stated it would strain human experience to believe her death was coincidental given the circumstances (good swimmers, non-dangerous conditions)
• Concluded that motive could be used to remove alternative hypotheses in circumstantial cases

Conclusion

• This case demonstrates how evidence of a motive can significantly impact a circumstantial case by eliminating other reasonable hypotheses