Section 4 of IEA : Section 4: "May Presume".

IEA

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Explanation using Example

Example 1:

Scenario: A person is found in possession of stolen property shortly after a theft.

Application of Section 4:

  • May Presume: The court may presume that the person in possession of the stolen property is the thief, unless the person can provide a satisfactory explanation for how they came into possession of the property.
  • Shall Presume: If the law directs that possession of stolen property shortly after a theft shall be presumed to be evidence of theft, the court must regard the person as the thief unless they can disprove it.
  • Conclusive Proof: If the law states that possession of stolen property shortly after a theft is conclusive proof of theft, the court must regard the person as the thief and cannot accept any evidence to the contrary.

Example 2:

Scenario: A registered letter is sent by post and is not retur...

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