R v SB – 2018 ONCA 807 (Strathy): [66] As has been pointed out on many occasions, post-offence conduct evidence invokes retrospectant reasoning. The occurrence of a subsequent act, state of mind or state of affairs is used to infer the occurrence of a prior act, state of mind or state of affairs. Post-offence conduct is circumstantial evidence, used to Read more...
R v Calnen – 2019 SCC 6 (Moldaver): [106] After-the-fact conduct encompasses what the accused both said and did after the offence charged in the indictment was allegedly committed. It covers a large range of possible circumstances, and its content and contours are confined only by the limits of human experience. After-the-fact conduct may also arise in respect of all Read more...