S v MTETWA 2014 (2) ZLR 533 (H)

Flynote

Evidence — inferences — evaluation of — circumstantial evidence — when inferences of guilt may be drawn therefrom — need to exclude any reasonable hypothesis of innocence

Headnote

Even in the most straightforward of cases, a court must ultimately draw inferences. Some evidence requires fewer inferences — direct evidence — whereas other evidence — circumstantial evidence — will require more inferences. The court is never free of drawing inferences and therefore the rules that govern the drawing of inferences govern the court in its ultimate evaluation of all evidence. The question ultimately becomes: how is a court to evaluate the evidence? The law draws no distinction between circumstantial evidence and direct evidence in terms of weight or importance. Either type of evidence may be enough to establish guilt beyond a reasonable doubt, depending on the facts of the case. Because circumstantial evidence requires the drawing of inferences, it is incumbent for the court to restate the process involved in analysing that evidence and what a court must do before returning a verdict of guilty based solely on circumstantial evidence. Initially, the court must decide, on the basis of all of the evidence, what facts, if any, have been proved. Any facts upon which an inference of guilt can be drawn must be proved beyond a reasonable doubt. After the court has determined what facts, if any, have been proved beyond a reasonable doubt, then it must decide what inferences, if any, can be drawn from those facts. Before the court may draw an inference of guilt, however, that inference must be the only one that can fairly and reasonably be drawn from the facts; it must be consistent with the proven facts; and it must flow naturally, reasonably and logically from them. The evidence must also exclude, beyond a reasonable doubt, every reasonable hypothesis of innocence. If there is a reasonable hypothesis from the proven facts consistent with the accused's innocence, then the court must find the accused not guilty. If the only reasonable inference the court finds is that the accused is guilty of the crime charged, and that inference is established beyond reasonable doubt, then the court must find the accused guilty of that crime. In the drawing of inferences the court must take into account of the totality of the evidence, and must not consider the evidence on a piecemeal basis.