-5-
52
Accused had picked her up and thrown her in the reference
to her neck in s.-up would not have been made.
Mr. Eras er
-
I merely suggested that the marks on
34
her neck may have been caused by Accd. throwing her in.
Mr. Lim refers to 4th. para. in summing up on p.14
R. v. Cohen 2 C.A.R. p.207. Submit that in this
case even with a correct direction the only reasonable &
proper verdict could not be one of guilty
Crown.
Theory of defence equally consistent with that of
Verdict would not have been the same had there not
had there not been the reference to
been misdirections,
the 2 Bruises on M.P.'s neck & the mention that the
alternative was not to accept the evidence of E. Davies
the verdict would have been one of not guilty.
13. Lim now comes to the question of Law
Deals with 1st. ground in (2) When C.J. in s.-up
said there were improbabilities on both sides it proves
that theory of defence was equally consistent with that
of Crown. P.15 of s.-up "you have got improbabilities
perhaps on both sides."
Where no case to go to Jury case should be with-
draw;
-
R. V. Leach 2 C.A.R. 72 at p.73
Mr. Fraser - I don't contest the proposition that
if there was no case it should be withdrawn.
p.34.
Mr. Lim I am obliged. R. v. Wallace 23 C. A.R.
-
Evidence in this case merely amounted to suspicion-
def ence equally consistent with case for prosecution.
R. V. Rufino 7 C.A.R. p.49. Case on all fours
with this case.
No direct evidence to shew that Accd. had thrown
other 3 children in.
Mr. Lim I shall now deal with ground No. 3 & return
afterwards to No.2.