The appellant appealed his conviction for uttering a threat to cause death.
The appellant admitted to saying 'kill you' but claimed the full sentence was 'You are acting like I'm trying to kill you.' The trial judge failed to make a finding on the actual words spoken and did not explain why the appellant's innocent explanation was rejected.
The Court of Appeal allowed the appeal, set aside the conviction, and ordered a new trial, finding the actus reus of the offence was not made out on the trial judge's reasons.
