Woolmington v DPP (burden of proof) PDF

Preview

Summary

In depth analysis and explanation of relevant case law. , In depth analysis and explanation of relevant case law. , In depth analysis and explanation of relevant case law. ...

Description

Woolmington v DPP [1935] A.C 462

Woolmingtion was a 21-year-old farm labourer. On the 22nd of November 1934, 3 months into marriage to Kathleen Woolmingtion, she left him and went to live with her mother. On the 10th of December, he stole a double barrelled shotgun and cartridges from his employer, sawed off the barrel and cycled to his mother in laws house and shot his wife, killing her. He was arrested on the 23rd of January and charged with wilful murder. Woolmington claimed that he didn’t mean to kill her. He went over to try and win her back and threaten to kill himself, but accidently shot her in the heart. . At the Bristol Assizes (old version of trial and jury), Swift J ruled that the case was so strong against Woolmington that the burden of proof was on him to show that the shooting was accidental. On Feb 14th 1935, he was convicted and sentenced to death.

He appealed on the grounds that the trial judge misdirected the jury. Lord Justice Avory refused the appeal, relying on a passage from Foster’s Crown law which stated that when a murder takes place, then it is reasonable to assume that the prisoner is guilty unless they have evidence that proves otherwise. However, the issue was brought to the house of lords as to whether this statement was correct. Lord Sankey made his ‘Golden thread’ speech which said that it must be the duty of the prosecution to prove that the prisoner is guilty. THE CONVICTION WAS QUASHED AND HE WAS AQUITTED.

This case set a precedent for the Burden of Proof...