Murder conviction without a body
||The examples and perspective in this article may not represent a worldwide view of the subject. (December 2010)|
|Part of the common law series|
|Element (criminal law)|
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|Offence against the person|
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Conviction for murder in the absence of a body is possible. Historically cases of this type have been hard to prove, forcing the prosecution to rely on other kinds of evidence, usually circumstantial. Modern developments in forensic science have made it less likely that such an act will go unpunished.
The rule in English common law that a body is necessary to prove murder is said to have arisen from the "Campden Wonder" case which occurred in the 1660s. A local official vanished and after interrogation, which possibly included torture, three individuals were hanged for his murder. Shortly afterwards, the supposed victim appeared alive and well, telling a story of having been abducted and enslaved in Turkey. The "no body, no murder" rule persisted into the twentieth century.
In 1937, a young girl called Mona Tinsley disappeared, and Frederick Nodder was suspected of having killed her. He claimed that she had been alive when he last saw her, and on the basis of the rule was prosecuted only for abduction. Tinsley's body was found some time later and Nodder was then prosecuted for her murder. His defence was that he had already been acquitted of this charge, but this plea was rejected and he was hanged.
The idea that a body was required to prove murder was mistakenly believed by John George Haigh. Already a convicted fraudster, he believed that dissolving a body in acid would make a conviction for murder impossible. In 1949, the remains of his last victim, Mrs Durand-Deacon, were found to contain part of her dentures. From this, her dentist was able to identify the remains, and Haigh was hanged. Haigh had misinterpreted the Latin legal phrase corpus delicti (referring to the body of evidence which establish a crime) to mean an actual human body. This was one of the first instances of forensic science being used in such cases.
Abolition of "no body, no murder"
The rule was finally abolished for practical purposes in the UK with the 1954 case of Michail Onufrejczyk. He and a fellow Pole, Stanislaw Sykut, had stayed in the United Kingdom after the Second World War and ran a farm together in Wales. Sykut disappeared and Onufrejczyk claimed that he had returned to Poland. Bone fragments and blood spatters were found in the farm kitchen, although forensic technology was then insufficiently advanced to identify them. Charged with Sykut's murder, Onufrejczyk claimed that the remains were those of rabbits he had killed, but the jury disbelieved him and he was sentenced to death, but reprieved. He appealed, but this was dismissed by the Lord Chief Justice, Lord Goddard, saying that "things had moved on since the days of the Campden Wonder" and also
"… it is equally clear that the fact of death, like any other fact, can be proved by circumstantial evidence, that is to say, evidence of facts which lead to one conclusion, provided that the jury are satisfied and are warned that it must lead to one conclusion only."
The United States case of People v. Scott held that "circumstantial evidence, when sufficient to exclude every other reasonable hypothesis, may prove the death of a missing person, the existence of a homicide and the guilt of the accused".
Other modern cases
Circumstantial evidence was originally deemed sufficient to obtain a murder conviction in the Australian "Dingo baby case", and in others such as Bradley John Murdoch and the murder of Thomas and Jackie Hawks.
In 1996, Thomas Capano was convicted of the murder of Anne Marie Fahey, his former lover. Investigators did not have a murder weapon or body, nor any evidence that Capano had purchased a gun. He was convicted of first-degree murder in part due to the evidence given by his brother Gerry, who had admitted to helping Capano dump Fahey’s body in the Atlantic Ocean.
In June 2001, Essex teenager Danielle Jones went missing and despite a body never being found, the required circumstantial evidence was provided by forensic analysis of text messages sent by the accused, her uncle Stuart Campbell, who was charged with her murder in November 2001 and convicted a year later. Police determined that Campbell had sent text messages from Danielle's mobile phone to his own after she disappeared, to make it appear that she was still alive, and noted that the spelling of some words in the text messages sent from Danielle's mobile phone had changed after she was reporting missing.
In the Australian no-body murder of Keith William Allan, evidence from forensic accountants established a motive for his murder. The chance police finding of one perpetrator driving Allan's car and the conduct of all perpetrators, in particular mobile telephone records, were also important factors in their conviction.
In 2008, Hans Reiser was convicted of first degree murder of his wife, Nina Reiser. After conviction and before sentencing, Reiser plead guilty to the lesser charge of second degree murder in exchange for disclosing the location of his wife's body.
The possibility of the supposed victim turning up alive remains. In 2003, Leonard Fraser, having allegedly confessed to the murder of teenager Natasha Ryan, was on trial for this, and other murders, when she reappeared after having been missing for four years.
In May 2013, Mark Bridger was convicted of the murder of April Jones, a five-year-old girl from Machynlleth, Powys, Wales, who disappeared on 1 October 2012. At his trial, Bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. The jury rejected his version of events, as bone fragments and blood discovered in Bridger's house within days of her disappearance were matched to the DNA of April Jones. The body of April Jones was not found despite the largest missing person search in UK history. Bridger claimed in court that April's DNA was found in his house as he had held her body there before disposing of it.
- ""No body" Murder Trials in the United States". nobodymurdercases.com.
- Morton, James (3 June 2003). "No body of evidence". The Times.
- "The Execution of Frederick Nodder - Lincoln 1937". chrishobbs.com.
- "John George Haigh - Acid Bath Killer". horrorfind.com.
- John George Haigh; Patrick Theobald Tower Butler, 18th Baron Dunboyne (1953). The Trial of John George Haigh: The Acid Bath Murder (Notable British Trials series) 9. Gaunt, Incorporated. p. especially p. 17 of the introduction. ISBN 15-6169-190-9.
- Bevan, Nathan (27 January 2008). "A grisly history of Welsh murders". Wales Online.
- Reported as R v Onufrejczyk 1955 1 All ER 247, 1955 1 Q.B. 388
- Baughman v The Queen  UKPC 20 at para. 46 (25 May 2000)
- People v. Scott 176 Cal. App. 2d 458 (1960)
- "Direct Evidence of Corpus Delicti". JSTOR 1120202.
- Andrew Rule; John Silvester (2005). Gotcha: How Australia's Baddest Crooks Copped Their Right Whack. Floradale Productions & Sly Ink, Sydney (NSW). ISBN 09-7523-185-5.
- Lee, Henry K. (July 9, 2008). "Reiser deal ultimately hinges on judge's OK.". San Francisco Chronicle. p. A-1. Retrieved 2014-04-19.
- "Alleged Australian murder victim found alive". The Guardian. 11 April 2003.
- Grice, Natalie (31 May 2013). "April Jones: Murder trials without a body". BBC News Wales.