[Music] [Music] in general there are two categories of evidence direct and circumstantial direct evidence is immediate observation of a fact for instance where somebody has seen an alleged offence being committed circumstantial evidence is evidence of the surrounding circumstances where the actual moment of the offence has not been observed in criminal law where the entire case is circumstantial the jury must be satisfied that there is no reasonable hypothesis consistent with innocence if there is any other reasonable explanation of the circumstances then there is reasonable doubt and the accused must be acquitted plump's case the evidence was that he was unhappy in his marriage to faye plump that he had been violent towards her and that he had met a new partner this was 1961 and divorce was still socially frowned upon mr plump had told his new partner that he was a widower and they were planning a future in fact two days before mrs plump died he introduced his new partner to his children describing her as their new mummy soon after mr and mrs plump went swimming at the gold coast they were both experienced surf swimmers and there was nothing particularly dangerous about the conditions mr plump told police that he and his wife had both been sucked under the water by a wave and that he had not been able to find her afterwards her body was later recovered on the beach mr plump was charged but nobody had seen the drowning so the case was circumstantial the question before the high court was whether the surrounding circumstances including the new relationship could be regarded as relevant circumstantial evidence and whether it had been safe for the jury to find that there was no reasonable alternative hypothesis the motive evidence here was crucial because if he had been a loving and happy husband then there would certainly have been doubt about whether she had been murdered chief justice dixon said that a jury might reasonably conclude that it would put an incredible strain on human experience if plump's evident desire to get rid of his wife were fulfilled by her completely fortuitous death although a good swimmer and in circumstances which ought not to have involved any danger to her from this case we learn that the evidence of a motive can be evidence tending to remove any alternative hypothesis in a circumstantial case [Music] [Music] you