Bain's counsel, Nicholas Ellis QC, told yesterday's hearing: "There already appear to be circumstances from which it would appear to be appropriate to draw an inference
that the defenders are practically insolvent - or at least verging on it by not paying their debts as they fall due."
"It is open to you to draw an inference
that he has no recollection of what occurred.
Agard argued that the prosecutor's suggestion to draw a negative inference from his presence at trial was analytically the same as a prosecutor's suggestion to draw an inference
from the defendant's refusal to testify at trial.
An uncontroversial example relating to proof of mens rea is that a fact finder may draw an inference
of intention from conduct.
At trial, the judge suggested to the jury that it could draw an inference
of guilt from Mr Turcotte's refusal to answer, and he was convicted.
Peirsel's treatment of the patient's wound enabled the jury to draw an inference
that these witnesses, if produced, would not have testified adversely.
Warrant (what gives you license to draw an inference
from your grounds): Since effective argumentation is a criterion for being a good trial lawyer.
Under the Order, the fact-finder can draw an inference
of guilt if a defendant chooses to remain silent.
The problem we identify in this example therefore is not how or whether to draw an inference
about the possible effect of magnesium on migraine, given the above two titles, but rather how these two titles (or Medline records), and other pairs analogous to them, could have been found and brought together in the first place without knowing in advance about any specific link such as epilepsy.
In the complete absence of any defense evidence, the trier of fact may draw an inference
that no such evidence exists, that the mental element of the crime existed in fact, and that any excuse or affirmative defense raised is insupportable.
Mr Orde told Board members: "One could draw an inference
from that that there's more organisation on the republican side and less control from loyalists."
He added however, ``It would be wrong to draw an inference
from this appointment on the timing of a referendum on the euro - that will depend on the assessment of the Treasury's five economic tests.''
The legislation will broaden the conditions under which employers are liable for indirect sex discrimination, and employment tribunals will be obliged to draw an inference
of sex discrimination where employers fail to provide a satisfactory reason for treating a woman differently from a man.
In such circumstances, it was open for the trial judge to draw an inference
that the retrobulbar bleeding caused the injury.
It lengthens the amount of time police can keep people suspected of swallowing drugs to conceal them so packages have time to pass through their bodies and allows judges to direct a jury to draw an inference
from the fact a suspect has refused permission for a body cavity search or an X-ray.