Misdirection
- 4-
64
R. V. Hall
11 C.A. p.227
Test, would the jury have come to the same decision
if properly directed.
R.
V.
Ells om
7 C. A. p.7.
p.ll similar.
R. V. Mann
Ommission,
7 C. A. p.135.
2 cases put up by D equally consistent with evidence.
Bruis es if not mentioned by counsel who merely suggested that
bruises may have been caused by the appellany seizing Mary Pine
by the neck and throwing her into the nullah.
614.
Vide p.13 of summing up.
May have influenced the jury.
•
Read this R. v. Cohen
case.
2 C. A. p,297 and 298.
Cause of death
Must we come to the conclusion verdict wrong ?
D's contention equally consistent with that of
Cr
Did misdirection influence the jury.
Submits verdict might have been one of not guilty.
Law
1. No evidence to go to the jury.
Motive
Killing Europeans
Suicide.
Authorities for no case to go to the jury and a case withdrawn.
V.
Le ach
C. A. Vol. 2 p. 72
Crown admits that case should be withdrawn if there was in fact
no case to go to jury.
R.
V. Wallace
23 C.A. p.34
7 C.A. p.49
verdict against weight of evidence.
B.
V. Ruffino
If no case to go to the jury
2. Verdict against weight of evidence.
R.
V.
Turkington
C. A. 22 p.91