Homicide without a body: How can police lay charges?
Finding Cortney Lake's body likely critical in cracking case of missing mother
Cortney Lake has been missing for more than a month. Police believe she's dead. Even worse, they think the mother of one has been murdered. But without finding Lake's body, what's the liklihood that anyone will be charged?
Experts say cases like Lake's are challenging but possible — even without the most important piece of the puzzle.
"If you don't have a body, then the Crown is left in a very difficult position," said Erin Breen, a defence lawyer in St. John's.
"[The Crown] has to be able to eliminate the possibility the death was natural, or accidental or by suicide."
Retrieving a body would also give investigators details on the cause, manner and time of death, Breen said — critical clues in most murder cases.
[The Crown] has to be able to eliminate the possibility the death was natural, or accidental or by suicide.'- Erin Breen, lawyer
In order to lay a charge, police need reasonable grounds, Breen said. The prosecution, however, needs to prove the accused is guilty beyond a reasonable doubt.
Breen stressed that every case is different.
Relentless searches have so far failed to find Lake, whose disappearance has sparked massive public interest.
The 24-year-old was last seen getting into a black GMC pickup on Michener Avenue, near her home in Mount Pearl, on June 7.
No one has been charged in connection with her homicide.
Trust police have the evidence
Convictions without having a body are not as rare as one would think, said Memorial University associate professor of criminology Rose Ricciardelli.
Discovering a body, she said, could not only help find the person responsible, it could rule out suspects.
"If they found a body and there was no DNA evidence from the person who was convicted or charged or accused, that would prove that they weren't at the scene of the crime."
Ricciardelli said if the police have ruled a missing persons case a homicide, the public has to trust they have good reason to believe it.
"This is a point where you can trust in the knowledge the police have that they have every reason to believe it is a homicide," she said.
"There may be other factors that point to the fact that there has been some misconduct or transgression that has occurred. We have to actually trust the evidence that the police have."
Other cases in Canada
Ricciardelli points to one well-known case in Canada involving a wrongful conviction.
Robert Baltovich spent eight years in prison for the murder of his girlfriend Elizabeth Bain — a crime he didn't commit.
Bain's body has never been discovered and Baltovich has since been exonerated.
"In that case, [the Crown] had their theory, which they supported through other types of evidence and a lot of the evidence used in that case, it would now not necessarily be allowed," she said.
The Crown in the case followed through with its theory and evidence, without the body.
"The body would assist in the conviction tremendously so if somebody is trying to protect themselves in some way they may be reluctant to give up a body."
There are other cases in more recent history, like that of William Sandeson.
On Monday in Halifax, Sandeson was sentenced to life in prison without the chance of parole for 25 years for the murder of Taylor Samson, a fellow Dalhousie University student.
Samson's body has never been found, but the court had enough evidence to convict.
Similarly, Travis Vader was convicted of manslaughter for the deaths of Alberta seniors Lyle and Marie McCann, who were travelling to B.C. when they went missing in 2010.
The McCann bodies were never found. Vader is appealing and maintains his innocence.
As for Cortney Lake's family, there are no immediate plans to stop searching.
Another search was set for Wednesday evening in the East White Hills area of St. John's.
Police have said there is more than one person of interest in the case but did not provide any further details.
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