Page 280 - Q23 - รวมผลงานทางวิชาการของอาจารย์ธานินทร์ เล่มที่ 1 สมบูรณ์

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¿“√–°“√æ‘ Ÿ®πå„π§¥’Õ“≠“, ´÷Ëßμ°·°à‚®∑°å, ≈Õ√å¥ ·´ß°’È (Lord Sankey) °≈à“«„π
§”æ‘æ“°…“§¥’ Woolmington «à“ çThroughout the web of the English criminal

law one golden thread is always to be seen that it is the duty of
the prosecution to prove the prisonersûs guilt subject to what I have already

said as to the defence of insanity and subject also to any statutory
exception. If, at the end of and on the whole of the case, there is a

reasonable doubt, created by the evidence given by either the prosecution

or the prisoner as to whether the prisoner killed the deceased with a malicious
intention, the prosecution has not made out the case and the prisoner

is entitled to an acquittal. No matter what the charge or where the trial,
the principle that the prosecution must prove the guilt of the prisoner

is part of the common law of England and no attempt to whittle it down
can be entertained. When dealing with a murder case the Crown must prove

(a) death as the result of a voluntary act of the accused; and (b) malice of

the accused. It may prove malice either expressly or by implication. For
malice may be implied where death occurs as the result of a voluntary act

of the accused which is (i) intentional; and (ii) unprovoked. When the
evidence of death and malice has been given (this is a question for the jury)

the accused is entitled to show by evidence or by examination of the
circumstances adduced by the Crown, that the act on his part which caused

death was either unintentional or provoked. If the jury are either satisfied
with this explanation or, upon a review of all the evidence, are left in

reasonable doubt whether, even if his explanation be not accepted, the act
was unintentional or provoked, the prisoner is entitled to the benefit of the

doubt. It is not the law of England to say, as was said in the summing-up

of the present case: ùIf the Crown satisfy you that this woman died at