Shepherd v The Queen (1990) 170 CLR 573

Facts: Defendant (D) (Shepherd) was convicted of conspiring to import heroin. He appealed on the ground that the trial judge (TJ) had erred in failing to direct the jury that, insofar as the prosecution's (Pr) case rested upon circumstantial evidence, they might only infer D’s guilt where each fact upon which the inference was based was proved beyond reasonable doubt (BRD). TJ gave a customary direction that, where the jury relied upon circumstantial evidence, guilt should not only be a rational inference but should be the only rational inference that could be drawn from the circumstances.

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