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murder but guilty of manslaughter, that being the highest common factor. The second question similarly raised the point whether, if five of them thought the accused to be guilty of murder (the others being for acquittal), they must necessarily be taken to think him guilty of unlawful killing and therefore of manslaughter, so that in the absence of unanimity a verdict of not guilty of murder but guilty of manslaughter would automatically follow. The learned judge's replies leave some doubt whether he really understood the questions, but what he said was not incorrect. The fact remains that the jurors who had apparently been doubtful about the accused's guilt of murder were subsequently persuaded by the others. We do not think this can have been in any way because they were led to believe a manslaughter verdict was not open to them in circumstances in which it was open.
In the event this appeal is dismissed.
Селшеден Еслии
Mumford (Director of Legal Aid) assigned for the
ppellant
Niamatullah, C.C., for Crown/Respondent.
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