KINGSBURY V. REX 49/1932

yrs

KINGSBURY

JUDGMENT.

21 Auguak (92 by

RICH Je DIXOW Js EVATL Je McTIERNAN Je

KINGSBURY v REX

This is an application for special leave to appeal by a prisoner from a judgment of the Supreme Court of New South Wales sitting as a Court of Criminal Appeal dismissing his appeal from a conviction for feloniously wounding with intent to murder. At his trial it was not disputed that the prisoner discharged a shot gun at the prosecutor inflicting a serious wound upon his arm. According to the prosecutor's evidence the prisoner's attack on him was unprovoked and without cause. The prisoner had invited him

upon an expedition in search of beer. The prosecutor consented

to come,not,as he says,intending to participate in consuming the

lo

beer,having taken no drink for some considerable time. After the prisoner had obtained beer he drove back to the house where he had picked the prosecutor up,whence,after the company had drunk some beer,he drove him to the prisoner's own house : he there requested the prosecutor to bring a bottle of beer inside and,when he had thus inveigled him in the house,he procured a shot gun,informed him with sanguinary epithets that now he had got him where he wanted him, and fired the gun at his head-- hitting him on the arm and side of the body. There was no eye witness so far as is known of the odurénce, but the prisoner's son,a boy of eleven,was in the house and probably when the men entered was in the room which he then

left. At the trial he was not called as a witness. The

wv himself

prisoner himsk# did not give evidence on oath but made an unsworn statement. According to him the prosecutor asked to be taken to the prisoner's house to see his wireless and then after being there for half an hour asked the prisoner to drive him home. The prisoner refused,whereupon the prosecutor went off threatening to return with some notorious characters as auxiliaries to avenge the insult.