R. v. EVADI S/O SYLIVESTER (1967) HCD 130

Crim. Sass. 91-M-66; -/-67; ----------------, J.

Accused was convicted of murder (P. C. s. 196). There was evidence that accused and the deceased had quarreled in a pombe shop and accused had threatened to set fire to the deceased’s house. Later that night the deceased’s house burned. A body was found inside but was burned beyond recognition. At the close of the prosecution case, the accused moved that no case had been made out for him to answer.

            Held:

(1) Death is provable by circumstantial evidence notwithstanding that neither the body nor any trace of a body is found. Citing Regina v. Onufrejezyk, 1965 1, QB 388. Although the body could not be identified, there was sufficient circumstantial evidence that deceased died in the fire. 

(2) The only evidence connecting accused with the death was the threat he made the evening before the fire. This evidence was insufficient to require accused to present his defence case. Citing R. v. Sipirian (1947) 14 E.A.C.A. 72.

 The accused was found not guilty.