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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
November 2005
S v Nkuna (CC113/05) [2005] ZANWHC 29 (17 November 2005) Reported A murder conviction can be sustained on cogent circumstantial evidence even where the body has not been found. Criminal law – murder without corpus delicti – conviction on circumstantial evidence – inferential reasoning (R v Blom) – requirement that proved facts exclude every reasonable hypothesis of innocence.* Circumstantial evidence – proof of death and identity of perpetrator where body not found – admissibility and weight of forensic and identification evidence.* Criminal procedure – section 174 discharge – when prima facie case established by State.	17 November 2005

Citation

Judgment date

November 2005

S v Nkuna (CC113/05) [2005] ZANWHC 29 (17 November 2005)

Reported

A murder conviction can be sustained on cogent circumstantial evidence even where the body has not been found.

Criminal law – murder without corpus delicti – conviction on circumstantial evidence – inferential reasoning (R v Blom) – requirement that proved facts exclude every reasonable hypothesis of innocence.* Circumstantial evidence – proof of death and identity of perpetrator where body not found – admissibility and weight of forensic and identification evidence.* Criminal procedure – section 174 discharge – when prima facie case established by State.

17 November 2005