ONUS OF PROOF

Waikato Times, Volume 117, Issue 19545, 6 April 1935, Page 8

ONUS OF PROOF

INVOLVED LAW POINT. DEATH SENTENCE QUASHED. HOUSE OF LORDS DECISION. United Press Assn. —Elec. Tel. Copyright (Received April 6, 2.30 p.m.) LONDON, April 5. After being twice tried, owing to the jury disagreeing, being sentenced to death, and hearing that ,a subsequent appeal had been dismissed, Reginald Woolmington (21), a Somersetshire farmhand, accused of murdering his 18-year-old wife, to-day was freed by the House of Lords, who thereby unprecedently allowed an appeal against a death sentence. Woolmington was married in August, a child was born in October, and his wife returned to her parents in November. Shd was shot dead in December. Woolmington, in his evidence at the Assizes, -said he tGOlc a gun pretending to shoot himself when his wife refused to. return to him. The gun, which had a hairtrigger, went off accidentally. The Attorney-Geberal (Sir Thomas Inskip), after an appeal to the Court of Criminal Appeal had failed, sanctioned the appeal to the House of Lords on the ground that a point of law of exceptional public importance was involved in connection with the incidence of burden of proof in a murder case. Woolmington’s counsel in the House of Lords contended that His Honour Mr Justice Swift had misdirected the jury by saying the onus of proving that the shooting was accidental was on the defence. On the -contrary the burden lay on the Crown to prove intent. Lord Sankey said the conviction would be quashed and the reasons would be given later..