Helton v Allen [1940] HCA 20

Fei 33 C.L.R. ]

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idlow y Fol ia Sens Fol, Cons Refi to Hiden Be raja Toi Standard = llPublic Sty my aloud, parte Hue Ne Fee ee Bees ee te an y. 597) (ea 19975 \Crim im FolVAppl Appl RSW 290 Cra eg o vers y Dean vers (2002) ERR Kes {HIGH COURT OF AUSTRALIA.]

HELTON : : f . i . APPELLANT ; DerenDANtT,

AND

ALLEN . : : = ss : 4 : . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Evidence—Onus of proof—Issue of criminal offence arising in civil action—Direction H.C. ov A. unduly accentuating civil standard—New trial—Will—Beneficiary alleged to 1940. have killed testator—Exelusion from benefit—Acquittal on criminal charge— ~~ Conclusiveness— Admissibility. Sypyey,

A testatrix died of strychnine poisoning, and the person who by her last 7% 29-3

will was appointed executor and constituted residuary devisee and legatee was tried upon indictment for her murder. He was acquitted. Notwith- standing his acquittal proceedings were brought by one of her next of kin for the purpose of establishing that in fact he did unlawfully kill the testatrix and on that ground was disabled from occupying the office of executor or taking under the will. The question was tried with a jury. The evidence in support of the issue was entirely circumstantial. The judge in the course of a charge to the jury adverse to the defendant emphasized the difference between the standards of proof upon a criminal charge and upon a civil issue and laid weight on the slightness of the preponderance of probability upon which they might find that he poisoned the testatrix. After deliberating upon their verdict for some time the jury sought a further direction upon the " point about probabilities." 'The judge gave a further direction, which amounted to an instruction to find homicide if they considered there was any greater probability favouring that conclusion. The jury found that the defendant unlawfully killed the testatrix.