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The case was unusual in that the victims body was never found and
the prosecutions case was based solely on the circumstantial evidence and
the connection between the evidence. The prosecution had tendered 14
important facts and circumstance which were so compelling that the court
reached the irresistible conclusion that the appellant had murdered the
deceased.
On the other words, it is not the evidence direct to the point of issue,
but evidence of various facts other than facts in issue which are so
connected with the facts in issue that taken together they form a chain of
circumstances leading to an inference or presumption of the principle fact.
In the case of Sunny Appellant, all the 14 grounds tendered by the
prosecutor are not facts in issue. However, those grounds are so connected
with the facts in issue thus rendered it relevant and admissible. If all the 14
ground are gathered together, it will lead to an inference that Appellant had
committed the offence of murder.
Illustration B-marks
The discovery of the flipper which had been previously CUT can be
considered as relevant fact as it shows the effect of the action of
murder
Illustration C-opportunity
The facts that Appellant knew that Jenny has little experience in scuba
diving is relevant because it open opportunity to him to commit the
offence. It was also known to him that the waters were dangerous and
hazardous; yet, he still brought her to the island and let her to go down
alone.
MOTIVE
Motive is that which induces a person to do a particular act. In
this case, the appellant had been made a bankrupt in October 1962
and was still a bankrupt on 27 August 1963, being the day on which
the offence was alleged to have been committed. He was in need of
money and that could be a motive for the crime. There are several
occasions to prove this contention.
1. On 27 August 1963, Jenny was insured against accidents with
several insurance companies, the total sum being $450,000.
2. Insurance policies, which was for the sum of $100, 00 was due to
expire on the 28th August 1963.
3. One of the insurance policies lapsed on 26 th August 1963 but
Appellant had renewed it in the morning of 27 th August 1963. He
however did not renew/extend his own insurance policy.
4. The beneficiary named in some of the policies was Appellants
mother.
5. Jenny made a will on the 7 th August 1963 in which Appellants
mother was named as the sole beneficiary. She was
accompanied by Appellant.
Thus, it shown that the appellant has the motive to murder Jenny in order
to get the money
PREPARATION
Preparation is a preliminary act which leads to the commission of the
offence. In this case, Appellant had hired a boat to take him and Jenny
to the Sisters island. He had brought all the equipment for the purpose
of diving (including the flippers) but only Jenny went down to the sea.
Furthermore, before the trip, he also ensure that all the insurance
policy belonging to Jenny were still ongoing and not expired. The fact
that he had been to the island previously can also been taken as a
form of preparation to ensure that the waters were unsafe and less
possibility of survival.
SUBSEQUENT CONDUCT
The subsequent conducts of the Appellants were also relevant as it
create suspicion. First, according to the boatman, the Appellant
behaved normally all through the diving trip, despite facing the loss of
his lover. Second, he did not go down into the water himself to look for
her. These indicate the lack of urgency in the conduct of the Appellant.
Last but not least, less than 24 hours after the disappearance, the
Appellant made formal claims to all the insurance companies.
These subsequent conducts are relevant to determine the fact in issue
in particular to determine whether he had murdered Jenny.