*
judge, the Court of Appeal was incorrect in saying
that there are no grounds for saying that the verdict
in respect of this Appellant to be set aside in that
it was neither unsafe nor unsatisfactory.
The fact
remains that the Appellant was convicted of murder
solely on equivocable confession, on which it is unsatisfactory
to presume his intention was to use knives if necessary
to inflict grievous bodily harm. Certainly, in your
Petitioner's respectful submission, the so-called confession
does not go so far as to impliedly accept the risk of death
by the stabbing of the deceased 8 times with these knives.
16.
THAT in Your Petitioner's respectful
submission, there was a clear injustice done to the
Appellant, because a conviction of murder on this so-
called confession would indeed be unsafe and unsatisfactory.
Your Petitioner would ask Your Lordships to see and compare
R. V. O'Brien and Noonan
[1975] 61 C.A.R. 177 where
a plea of guilty to manslaughter was accepted by the
learned trial judge under circumstances which, in Your
Petitioner's respectful submission, were very much nearer
murder than anything that he has said or outlined in his
cautioned statement.
17.
THAT Your Petitioner would crave leave
to refer to Rule 5 of the Privy Council Rules 'A Petition
for Special Leave to Appeal may be lodged at any time
but the Petitioner shall in every case lodge his Petition
It
with the least possible delay. In this case the original
delay from 15th July to on or about the 4th November 1980
-19-
,=h! :"th-Pr.--་པཱ %་བས་