R. v. Amani Zephania Kimerri, Crim. Sass. 7-A-67, 18/10/67 Platt J.

R. v. Amani Zephania Kimerri, Crim. Sass. 7-A-67, 18/10/67 Platt J.

Accused was charged with murder. The alleged victim had been unaccounted for, and to the best of anybody’s knowledge, absent from this world for the last three years. She was seen with accused, her husband from whom she was separated, shortly before her disappearance. There was very strong circumstantial evidence that accused had murdered his wife, but the body had never been found, and he denied killing her.

            Held: (1) The fact of death is provable by circumstantial evidence, notwithstanding the fact that neither the body nor any trace thereof has ever been found, and that accused has not confessed to any wrongdoing. [Citing R. v. Onufrejczyk (1955) All E. R. 247; R. v. Horry (1952) N.Z.L.R. 111.] The ciroumstantial evidence must be “cogent and compelling.” (2) Despite the contrary view of one assessor, accused was convicted of murder and sentenced to death by hanging.