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Subject:
Woolmington v D.P.P (English law case)
Category: Relationships and Society > Law Asked by: beaumont-ga List Price: $2.00 |
Posted:
17 Nov 2004 05:38 PST
Expires: 17 Dec 2004 05:38 PST Question ID: 430124 |
Woolmington v D.P.P. is a very famous English law case from 1935. The House of Lord quashed Woolomngton's conviction for murder and sent the case back to the Court of Appeal. I want to know what happened next. Did the Court of Appeal order a re-trial and, if so, what was the verdict? Basically - did Woolmington live or die?? |
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Subject:
Re: Woolmington v D.P.P (English law case)
Answered By: answerfinder-ga on 17 Nov 2004 06:56 PST Rated: |
Dear beaumont-ga, The House of Lords? actual decision was: "Order of the Court of Criminal Appeal reversed, and conviction quashed: Further ordered that the cause be remitted back to the Court of Criminal Appeal to do therein as shall be just and consistent with this judgment. Lords' Journals, April 5, 1935." http://www.justis.com/titles/iclr_s3540029.html In other words, the Court of Appeal would have not ordered a re-trial. He was a free man. I have searched the back records of the Times Newspaper and there is no further mention of Woolmington after the 24 May 1935 when the Lords? decision was fully reported. If there had been further trial, then I have no doubt the papers would have reported it. I hope this answers your question. If it does not, or the answer is unclear, then please ask for clarification of this research before rating the answer. I shall respond to the clarification request as soon as I receive it. Thank you answerfinder Search strategy Times index (subscriber) "reginald woolmington" ://www.google.com/search?hl=en&lr=&q=%22reginald+woolmington%22&btnG=Search |
beaumont-ga rated this answer: |
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Subject:
Re: Woolmington v D.P.P (English law case)
From: frde-ga on 18 Nov 2004 04:47 PST |
Phew - that must have been a landmark case Swift J. was trying to say that 'malice and intent' are assumed unless proven otherwise. Essentially a presumption of guilt. I wonder whether Swift J. was swiftly retired. |
Subject:
Re: Woolmington v D.P.P (English law case)
From: susilgupta-ga on 17 Dec 2004 06:22 PST |
Woolmington is an interesting case because the House of Lords argued that the principle that the prosecution had to do all the running in proving a case, including rebutting a defence, had been a 'golden thread' running through English Law. But if this was indeed the case, why did the trial judge rule otherwise and why did the Court of Appeal back him up? The key is that many of the rights the English think are their 'ancient heritiage' are in fact of recent invention - mostly the late 19th century. Until the mid-19th Century the presumption of guilty pervaded the British criminal justice sstem. |
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