scholarly journals THE PROBATIVE VALUE OF POST-OFFENCE CONDUCT EVIDENCE

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
BC Naudé

In certain circumstances, post-offence conduct can provide circumstantial evidence of guilt. It is, however, often difficult to state why a particular type of post-offence conduct makes guilt probable. The objective of this contribution is to identify principles that could assist in determining the probative value of certain types of postoffence circumstantial evidence. It is shown, with reference to specific types of postoffence conduct, that it is mostly speculative to make any inference from such evidence. In the end, it is submitted that the principles governing the assessment of circumstantial evidence will only allow an inference of guilt to be drawn from postoffenceconduct if the inference was established beyond a reasonable doubt. It will not be enough to draw an inference from facts which were not, themselves, proved beyond a reasonable doubt, but which were merely accepted upon reasonable grounds. 

Author(s):  
Gerald Rupp

The marine protozoan Allogromia sp, strain NF Lee extends an elaborate reticulopodial network (RN) which contains an elongate microtubule-(MT)-based cytoskeleton. The MTs are located primarily within cytoplasmic fibrils which are visible by light microscopy (LM) in highly flattened or “two dimensionalized” reticulopodia. It was shown previously that allogromiid RNs withdraw in response to hypertonic Mg2+-seawater. An ultrastructural analysis of this phenomenon indicated that large patches of paracrystalline (PC) material, composed of helical filament aggregates, form concomitant with a decrease in MT number. Similar large patches of PC aggregates are also found in juvenile Allogromia before they extend a RN, which disappear during RN formation. Finally, PC aggregates are occasionally seen near microtubules in normal untreated RNs. Thus there is circumstantial evidence to propose that PC aggregates in Allogromia represent an intermediate form of tubulin; however, more definitive biochemical or immunocytochemical data is not available.


1979 ◽  
Author(s):  
E. T. Yin ◽  
W. J. Salsgiver ◽  
O. Tangen

Circumstantial evidence suggested that normal human plasma contained a substance regulating the neutralization of F.Xa by F.Xa inhibitor(XaI), (Yin et.al.,Adv.Exper. Med. & Biol., 52 : 239, 1975, Plenum Press, N.Y.).This plasma component has now been isolated and partially purified in our laboratory, and tentatively designated as “Anti-XaI”.In experiments employing purified components, when Anti-XaI was incubated at 37°C with F.Xa, Xal and heparin for two minutes at pH7.5, the amount of F.Xa inhibited was inversely proportional to the Anti-XaI concentration. But, when the F.Xa was replaced by thrombin in the incubation mixture, the neutralization of thrombin clotting activity was undisturbed.Anti-XaI was found to be neither PF3 nor PF4.These and other data strongly suggest that the “Antithrombin III pathway” is more complex than currently believed to be. In circulating blood an equilibrium state must exist between Anti-XaI and XaI.Under certain conditions when the Anti-XaI activity is predominant the rate of F.Xa neutralization bv XaI then becomes slower than the activation of prothrombin to thrombin by F.Xa.


2019 ◽  
Vol 48 (1) ◽  
pp. 29-55
Author(s):  
Antonia Eder

Abstract The ambivalent status of circumstantial evidence has been intensively discussed since the 18th century, in both fiction and forensics. (Forensic) evidence is both hermeneutic and material – a phenomenon of ambiguity: the conclusions to be drawn from clues are generated by an amalgam of enlightened promises of objectivity and the opaque materiality of the surface. According to the forensic and juridical hope associated with circumstantial evidence, neutral things do not lie, but show (evidentia) as pars pro toto the actual facts in nuce. Yet every fact, every thing remains tied back to a closing instance, to the investigative and hermeneutic conclusions of thought: this opens the operational field of literature. Poetic dynamics enable literature to simultaneously cope with indexed ambiguity and indeterminacy, both by producing them, and by reflecting on them by means of detective-investigative self-observation.


2000 ◽  
Vol 25 ◽  
pp. 71-76
Author(s):  
M.T. Rowe ◽  
I.R. Grant ◽  
H.J. Ball ◽  
C. Pope

AbstractMycobacterium paratuberculosis is the known cause of Johne's disease in cattle and has been implicated as a cause of Crohn's disease in humans. Concern has been expressed that the organism, which is excreted in milk and faeces of infected cattle, may be transmitted via pasteurised milk. This is largely from work that has shown an unacceptable risk of survival of the organism when it is present in raw milk at numbers exceeding 102cfu/ml. Three possible reasons for this apparent heat resistance were investigated viz. use of a milk heating menstruum, presence of a heat resistant sub–population, and the tendency of the organism to form clumps. Heat resistance studies using a combined acid–fast/viability stain, and a comparison of the relative heat sensitivities of clumped and de-clumped M. paratuberculosis cells provided circumstantial evidence that it is the organism's tendency to form clumps which confers the apparent heat resistance. This work casts doubt on the efficacy of current commercial pasteurisation heat treatments (72°C/15s) for the inactivation of M. paratuberculosis. This would be of concern if a link between M. paratuberculosis and Crohn's disease is eventually established.


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