... is murder.'2 This suggests that according to Fosters law there is only a necessity for the prosecution to prove the actus reus, or the actual physical aspects of murder of killing an individual as opposed to proving both mens rea or the mental aspect of an action, and actus reus. Swift J went onto comment that 'Consider whether you entertain the slightest doubt that this was a deliberate killing. If you have no doubt, it is your duty to convict'. Woolmington was convicted and sentenced to death, moving to appeal to the Court of Criminal Appeal3 upon the grounds that the judge had mislead the jury, by using Fosters Crown Law to lead their decision towards a guilty verdict emphasising that under this law Woolmington was guilty and required to prove his actions were accidental. In 'Practical Guide to Evidence'4 it states that 'it was incumbent on the defendant to ...

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