ABSENCE OF DIRECT OR CIRCUMSTANTIAL EVIDENCE TO JUSTIFY INFERENCE

In the absence of any evidence, direct or circumstantial, to help a jury determine when a gunman was given the gun, it would not be right to draw an inference that he was given it in circumstances where the appellants, who were in a group with him, must have known that he had a gun before arriving at the scene of the crime.

[2010] EWCA Crim 226