LAW1114 Lecture Notes - Lecture 2: English Criminal Law, Homicide
TOPIC&2:&BALANCING&PUBLIC&INTEREST&AND&INDIVIDUAL&
LIBERTIES&
Balancing&individual&civil&liberties&and&the&public&interest&in&
prosecuting!
Waller & Williams [1.82]: The golden thread (legal burden of proof)
•
Woolmington v Director of Public Prosecutions
[1935] AC 462: Woolmington killed his wife who left
him and was charged with murder. There was evidence indicating that the killing was deliberate, but
Woolmington insisted that it was accidental.
o At first instance, the jury convicted Woolmington
§ The judge had told the jury that once they were satisfied that Woolmington had killed his wife, he
killing was presumed to be murder unless Woolmington satisfied them that it was something less;
that is, manslaughter or excusable homicide
o The Court of Appeal dismissed his appeal stating that there was authority for the judge’s direction
o The House of Lords quashed his conviction, stating that there was doubt that the authorities
supported the judge’s direction and suggested that they could bare another interpretations
§ Viscount Sankey LC at 481-2: ‘Throughout the web of English Criminal Law on golden thred is
always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt subject to
what I have already said as to the defence of insanity and subject also to any other statutory
exception. If, at the end of and on the whole of the case, there is a reasonable doubt, created by
the evidence given by either the prosecution or the prisoner as to whether the prisoner killed the
deceased with a malicious intention, the prosecution has not made out the case and the prisoner is
entitled to an acquittal. No matter what the charge or where the trial, the principle that the
prosecution must prove the guilt of the prisoner is part of the common law of England and no
attempts to whittle it can be entertained.’
Sources(of(criminal(laws(and(powers!
(A)$SOURCES$OF$LAW:$STATE$AND$FEDERAL;$COMMON$LAW$AND$STATUTE$
*Superfluous, but if required refer to WW [1.15]-[1.21]
!
Document Summary
Balancing individual civil liberties and the public interest in prosecuting. There was evidence indicating that the killing was deliberate, but. Woolmington insisted that it was accidental: at first instance, the jury convicted woolmington. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of england and no attempts to whittle it can be entertained. ". Sources of criminal laws and powers (a) sources of law: state and federal; common law and statute.
