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''Woolmington v DPP'' () UKHL 1 is a famous House of Lords case in English law, where the presumption of innocence was first articulated in the Commonwealth. == History == Reginald Woolmington was a 21-year-old farm labourer from Castleton, Dorset. On November 22, 1934, three months after his marriage to 17-year-old Violet Kathleen Woolmington, his wife left him and went to live with her mother. On December 10 Woolmington stole a double-barrelled shotgun and cartridges from his employer, sawed off the barrel, throwing it into a brook, and then bicycled over to his mother-in-law's house where he shot and killed Violet. He was arrested on January 23 the following year and charged with the wilful murder of his wife. Woolmington claimed he did not intend to kill her. He wanted to win her back so he planned to scare her by threatening to kill himself if she did not come back. While questioning her about returning, he attempted to show her the gun that he was to use to kill himself. By accident, the gun went off shooting Violet in the heart. The Trial judge ruled that the case was so strong against Woolmington that the burden of proof was on him to show that the shooting was accidental. At trial the jury deliberated for 69 minutes. On February 14, 1935 Woolmington was convicted and sentenced to death. On appeal to the Court of Criminal Appeal, Woolmington argued that the Trial judge misdirected the jury. The appeal judge discounted the argument using the common-law precedent as stated in ''Foster's Crown Law'' (1762). :''In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, unless the contrary appeareth....'' 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Woolmington v DPP」の詳細全文を読む スポンサード リンク
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