Abolition of "no body, no murder"
The rule was finally abolished for practical purposes in 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
DNA 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.
[4] He appealed,
[5] but this was dismissed by the
Lord Chief Justice,
Lord Goddard, saying that "things had moved on since the days of the Camden Wonder"
[1] 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."
[6]
The United States case of
People v. Scott 176 Cal. App. 2d 458 (1960) 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".
[7]