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Court May Presume Common Course of Events (Section 114 IEA / Section 119 BSA)

Evidentiary Rules & Proof Standards

Definition

A discretionary provision empowering the court to presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct, and public/private business.

Example

Under Illustration (a) of Section 114, an individual found in possession of stolen property twenty minutes after a house burglary is presumed by the court to be either the thief or a knowing receiver of stolen goods.