-10-
There is evidence to show that appellant deliberately put his head into the water to commit suicide so that evidence contradicts th evidence of some of the other witnesses. Page 10 of the summing up.
22
My point is that it was not mised by the Crow but by the trial judge.
r. raseri The case for the Crown was that he had attempted to commit suicide from the bridge and to take the children. He was carried down the nullah after wint had happened to the children he repented of his decision and was standing tight up against the wall of the nullah that he was then seized and attempted to esame, but finding it impossible to escape he may or may not have continued his attempt to commit suicide. The Crown's case is that, he attempted to commit suicide from the bridge and not that his firsts attempt to commit suicide Was in the nullah.
Ar. Hayden. You say that he repented of it then 7
Mr. Praeer! That is the Crom's okse and this is borne out by the evidence.
Mr. Limi- My submission is this - This } point is "If he was determined
commit suicide why not carry on why come out. This suggestion
was not put by the Crown in its summing up.
SL. #raseri It Wase
Aim In that one I withdraw that ground of appeal.(Mr. Lám withdraws (d) and (e).) Discussion on the fact children were all
together on bridge ).
(Further discussion on misdirection).
Mr. Havémı- You have now finished with the facts.
I have not quoted the authorities to support my submi s ai o n that there was a misdirection and therefore the appeal should be allowed. Might 1 reserve that for tomorrow morning 7
Permission granted by Court).
Adjourned to 10 mm. 9.10.34
Br. Bayden 3
9.10.34.
before you aɑmmenée the proceedings today I should like to refer to the enge Kex v. Abble which you mentioned yesterday. You quoted that oase as being an authority for the fact that where circumstantial eviddance has been received that notwithstanding a osu tion administered, the convistim was qumabede since the report you you refer to ts contained in 1 Or. Appeal Reports, since the adjournment referred to that case in 72 Justice of the semes 1908 and I would like to refer to the material part of the judgment as reported in that
smid
Lord Alvistone after referring to the inadmissible evidence
I don't think those words are contained in
of the case you quote.
Limi- No, not as far as i
reş ort
dr. liayden-I only mention that so that you have think about it won you come to reply. there is one other case in which you referred to on the same matter, and it is the ease of dex v. Luons 1 r. Appeal Reports at page 234.
Mr. Axager1- If it will save the time of the Qurt I am going to refer to the
Žr. Hayden *-Ch, that is alright then if you are going to refer to it.