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Scintilla
of Evidence
C. A common law doctrine holding that if even the
slightest amount of relevant evidence exists on an issue, then the issue must
be decided by the jury not the judge.
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Legal Definition -
A common law doctrine holding that if even the slightest amount of relevant evidence exists on an issue, then a motion for directed verdict or summary
judgment cannot be granted and the issue must go to the jury.
Black's
Law Dictionary® Eighth Edition © 2004
Recent Usage -
Mr Wood, 44, is charged with the murder of the 24-year-old model, whose body was found wedged head first between rocks at the bottom of The Gap, a notorious suicide spot in Sydney's east, in June 1995. The motive asserted by the Crown for the killing – that Ms Byrne knew too much about the controversial Offset Alpine fire which threatened Mr Rivkin’s livelihood. Senior Crown Prosecutor Mark Tedeschi, QC, told the court the evidence from physics experts showed that the only way Ms Byrne could have landed head first between the rocks at the bottom of a 29m cliff is if she had been thrown, spear-like, over the edge. But Defence counsel Winston Terracini, SC, has told the court the Crown cannot exclude “as a reasonable possibility” that Ms Byrne committed suicide by running or jumping over the notorious cliff. There is not a scintilla of evidence in the brief from any person to whom Caroline Byrne spoke in the days and weeks leading up to her death, that in any way revealed any knowledge on her part of anything to do with Offset Alpine Printing,” Mr Terracini said.
Herald Sun July 5, 2007