,
· the corpse before t :e ·doctor. No medical evidence of the cause of
. ·C death was tendered n this case.
Defendanfs Counse contended that prosecution did not show the
act of the Defendant that resulted in the death of the deceased . It is a
requirement of the aw for the prosecution to show and/or prove
the act of the Defen lant that resulted in the death of the deceased .
In R. v. Ogundipe CJ< seph) 14 WACA 4-58, R. v. Sala (1983) 4 WACA
10, it was held that "in a case where there is no doubt about what
the cause of death is medical evidence can be dispensed with".
ln th e instant case it is in evidence that the deceased died four days
afte r the all eged b< ating. Now what caused his death especially
when he did not di<: immedi ately a ft er the alle ged beating? Did he
die as a result of tl e injuries susta ined as a res ult of the alleged
beating or from a 1y oth er cause? These qu es tions were not
answered . Apart frc n th e eye witn ess account of the wife of the
vi ctim who testified 1s PV\/3 and gave evid ence of th e beating of the
victim that allegedl 1 eventually led to his de ath , tT1edical evidence
was not led to con irm the alleged beating or to show th at an
autopsy was conduc ed that determined the ecu1s e of death of the
deceased such as he testimony of the medical doctor who
performed the auto~ ,y or the medical certificate of death showing
th e cause of death. E1idence was not tendered to even show there
were bruises on tl e body of the deceased particularly when
Defendant denied fl 1tly in Court that there was a fight at all.
Defendant's stateme t to the Police, if any, was not tendered in
th ese proceedings fo · a possible contradiction of her testimony in
court. ln the circums :1nces therefore the cause of death is doubtful
and was not attribute I to any act of the Defendant. The failure of the
Prosecution to lead a ty evidence on the cause of death amounts to
7
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