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Summary
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In order for the prosecution to establish their proposition that the murder was committed at 11:50pm - and no more than a minute or two on either side - two sets of strong improbabilities have to be accepted as true:

a) that despite unusually severe climatic conditions the rate of temperature loss was at (or even below) the extreme minimum level customarily associated with relatively high ambient temperatures;

and

b) that a witness who was able to recall two cars passing him at one point of time saw and yet heard nothing of a violent crime committed in the vicinity of those same two cars when he had passed them (as must have been the case) two minutes earlier.

In a case of this sort, the law requires that the interpretation of events put forth by the prosecution should be innately more probable than any presumption of innocence on the part of the accused. Nobody accepting (a) and (b) above as strongly improbable can convince himself that on the basis of the evidence presented, the accused were properly found guilty, and thus justly sentenced. Under the rules of British common law, their guilt cannot be presumed for any other reason.

 

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