Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
is the definition of a reasonable doubt – something to which you
can assign a reason. It is sometimes said the sort of matter which
might influence you if you were to consider some business matter.
A matter, for example, of a mortgage concerning your house, or
something of that nature.543
After this instruction the jury left the courtroom to deliberate, returning
four minutes later with a verdict. The jury convicted the appellant by a
majority of eleven to one of the first count of theft and acquitting him of
the second count of theft.544
On appeal, the appellant argued that this jury instruction resulted in
a lower standard of proof, because, upon receiving the instruction, the
jurors were able to reach a final decision within four minutes, although
they had spent hours discussing the first count.545
The Court of Criminal Appeals dismissed the appeal.546 The Court reasoned
that in most cases judges would be advised not to “attempt any gloss upon
what is meant by ‘sure’ or what is meant by ‘reasonable doubt.’”547 The
Court recalled that in “the last two decades there have been numerous
cases before this Court, some of which have been successful, some of
which have not, which have come here because judges have thought it
helpful to a jury to comment on what the standard of proof is.”548 The
Court noted that experience “has shown that such comments usually
create difficulties.”549 Lord Justice Lawton stated that this case was
exceptional:
This is the sort of case in which, as I have already pointed out, the
jury possibly wanted help as to what was meant by “doubt.” The
judge thought they wanted help and he tried to give them some.
He was right to try and that is all he was doing. He seems to have
steered clear of the formulas which have been condemned in this
Court such as “such doubt as arises in your everyday affairs or your
everyday life” or using another example which has been before
the Court, “the kind of doubts which you may have when trying to
make up your minds what kind of motor car to buy.”550
The Court further stated that by the time a judge sums up the evidence, he
has had an opportunity to observe the jurors and should choose the most
appropriate words with which to make that particular jury understand
that it must not return a verdict against a defendant unless it is sure of
his guilt.551 The Court relied on Walters v. The Queen (1969).552 In Walters,
Ching, at 8.
Ching, at 8.
545
Ching, at 8.
546
Ching, at 11.
547
Ching, at 10.
548
Ching, at 10.
549
Ching, at 10.
550
Ching, at 10.
551
Ching, at 10.
552
Walters v. The Queen [1969] 2 A.C. 26 (hereinafter “Walters”).
543
544
120
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