Viscount Sankey's Golden Thread Speech

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In this essay I will be illustrating the importance of Viscount Sankey's speech in the case of Woolmington v DPP [1935] All ER, utilising references as evidence to support my findings and demonstrate my understanding.

In the case of Woolmington v DPP Woolmington had shot and killed his wife, Violet, who had left him a month earlier and gone to stay with her mother. When charged with Violet's murder Woolmington claimed that he hadn't intended to shoot Violet and the gun had accidently fired when he was attempting to show her the gun, insisting the gun was only to scare Violet into returning to him.

The ruling took place in the House of Lords, where the issue was focused around if the statement of law in 'Foster's Crown Law'1 was correct where it states 'where a death occurred it is presumed to be murder unless proven otherwise'. In his summary, Swift J brought Fosters Crown Law to the attention of the jury, stating that 'the prosecution prove the killing, and in the absence of explanation that is murder.'2 This suggests that according to Fosters law there is only a necessity for the prosecution to prove the actus reus, or the actual physical aspects of murder of killing an individual as opposed to proving both mens rea or the mental aspect of an action, and actus reus. Swift J went onto comment that 'Consider whether you entertain the slightest doubt that this was a deliberate killing. If you have no doubt, it is your duty to convict'. Woolmington was convicted and sentenced to death, moving to appeal to the Court of Criminal Appeal3 upon the grounds that the judge had mislead the jury, by using Fosters Crown Law to lead their decision towards a guilty verdict emphasising that under this law Woolmington was guilty and required to prove his actions were accidental. In 'Practical Guide to Evidence'4 it states that 'it was incumbent on the defendant to satisfy the jury of his innocence, or of the existence of a mitigating circumstance'. Prior to the changes made by this case, murder was an exception to the rule that to establish guilt, you must be beyond reasonable doubt to convict and the burden of proof lies with the defendant not the prosecution to provide this.
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Viscount Sankey L.C. within the appeal commented that 'this statement cannot mean that in order to be acquitted the prisoner must "satisfy" the jury.' Highlighting flaws within Foster's Law, such as Sir Michael Foster should 'be regarded as a text-book writer, for he did not lay down the doctrine n any case before him, but in an article.' This statement emphasises how Foster's Law may be unsound to apply to cases as it is not taken from earlier case law authority. Viscount Sankey also mentions that at the time Sir Foster wrote the text, 'at that time in ...

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